1 supreme court judgment in the case of cheshire west niall fry mca-dols policy lead, dh...
TRANSCRIPT
1
Supreme Court judgment in the case of Cheshire West
Niall Fry
MCA-DoLS Policy Lead, DH
Care Providers Alliance event Tuesday 28 October 2014
2 Valuing every voice, respecting every right
Supreme Court judgment- case one
3 Valuing every voice, respecting every right
Supreme Court judgment- case two
4 Valuing every voice, respecting every right
Supreme Court judgment- case three
5 Valuing every voice, respecting every right
Supreme Court judgment- acid test
6 Valuing every voice, respecting every right
Supreme Court judgment- not relevant considerations
7 Valuing every voice, respecting every right
DH View
• Welcome the judgment w.r.t. its re-statement of the universal nature of human rights – afforded to all on an equal basis
• Recognise this means a significant increase on the numbers now considered to be DoL – HSCIC data shows this
• Compliance won’t occur overnight (ADASS and CQC agree), but must have a plan in place – do nothing not acceptable
• In particular, “bulk assessments” not appropriate – must maintain the individual scrutiny
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DH View cont.
• Needs to be an MCA-centred response
• First step should always be, can restrictions be eased to prevent a DoL from occurring?
• Prioritise and risk assess
• Don’t hold back applications
Valuing every voice, respecting ever right
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Longer term solution
• Law Commission to fundamentally review legislation – for DoLS and for “community settings”. Aiming for a system that achieves right balance between protecting rights and reducing administrative burdens – integration into normal care planning process will be important
Valuing every voice, respecting every right
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Shorter term
• Court of Protection is almost ready to launch its new streamlined system – will allow paper applications for “simple” cases
• DoLS standard forms being revised and updated case law guidance produced
Valuing every right, respecting every right
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Concluding thoughts
• An opportunity but certainly a challenge
• MCA centred response essential
• Keen to hear your major concerns, thoughts for any short-term solutions – to feed into future planning
Valuing every right, respecting every right