On Wednesday 14 March 2018, the Government formally responded to the Law Commission’s recommendations into mental capacity and DoLS, in which they agree with the majority of the recommendations put forward.
However, they make it clear that their response is “provisional” and they need to carefully consider all of the details, ensuring any recommended changes they submit to parliament fit with the future vision of health and social care.
They also clearly state that they will only be able to legislate when parliamentary business allows, implying that things are on hold until the Brexit process has been completed.
What does this mean?
Simply, the current DoLS regime remains in place for the foreseeable future. This means that local authorities are still required to ensure that new DoLS assessments are carried out by BIAs within 21 days, and also that they continue to tackle the huge backlogs of assessments that failed to meet this deadline.
In light of this, as a local authority, if you require assistance in training your social care workforce in Mental Capacity, DoLS or Best Interests; or as an individual, if you are looking to become a BIA or require legal update training to continue to practice as a BIA, please get in touch.
Many thanks,
Zak McNally
Health and Social Care Manager
zak.mcnally@bondsolon.com