Category Archives: Medicolegal

Withdrawal of CANH in patients without capacity

The BMA guidance. General points: Where capacity is in doubt, the principles for establishing it are the usual ones, including the importance of doing everything possible to maximise capacity (looking at different ways of communicating and of allowing the person … Continue reading

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Deprivation of liberty

(Notes from Bluestream Academy learning module) Note that there are plans to replace the DOLS. The proposed plan is called Liberty Protection Safeguards (LiPS) and should be through shortly. The ‘acid test’ for whether a deprivation of liberty has occurred … Continue reading

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Child safeguarding

(Notes on reading Bluestream Academy module on safeguarding) Local Children’s Safeguarding Board (LCSB): key system for organisations to come together to liaise on ways of safeguarding children/promoting their health. Established by the Children’s Act 2004, which gives each locality the … Continue reading

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Changes in the Mental Health Act

The MHA covers the legal aspects of when and how you can detain a person for assessment or treatment of a mental health disorder without their consent. It is primarily for ensuring that people with a serious mental disorder threatening … Continue reading

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Adult safeguarding

Safeguarding refers to a continuum of responses from promoting welfare to protecting from harm. It is defined (by the Care Act 2014) as protecting an adult’s right to live in safety, free from abuse and neglect. 6 principles of adult … Continue reading

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Mental Capacity Act and Court of Protection

Note that there are some specific decisions that a doctor cannot make on behalf of a patient using the ‘best interests’ principle. They can be covered by an advance directive covering that subject, or made by someone with lasting power … Continue reading

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JFPRHC 2011: 37(3) (July)

An article about legal aspects of management of contraceptive decisions in the learning disabled.  Important points: The key piece of legislation is the Mental Capacity Act 2005, which formalised existing case law and added new requirements. Presume competence unless demonstrated … Continue reading

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