LEGAL LEARNING SESSION: Deprivation of liberty under the pandemic and beyond

10/14/2020 10:00 - 11:00

Covid-19 arrived with the system for authorising deprivations of liberty for people who lack the relevant capacity already under sustained pressure. But the pandemic brought with it new challenges of managing the impact of social distancing, greater restrictions on people’s care and managing the treatment arrangements for the disease itself. However, no changes were made to the underlying legal framework contained in the Mental Capacity Act and the Deprivation of Liberty Safeguards.

This session will provide guidance on meeting these challenges within an unchanged legal framework, and managing the system as the country comes out of the crisis caused by the pandemic, focusing on:

  • The government’s emergency guidance on the MCA and DoLS and its key implications for practice.
  • Case law on the MCA and working with people who lack capacity during the COVID-19 pandemic.
  • Carrying out capacity and best interests assessments under the Deprivation of Liberty Safeguards (DoLS) remotely, including using equivalent assessments and evidence from previous assessments.
  • Managing added restrictions on people’s care as a result of isolation and shielding.
  • The balance between harm to self and others and when and how public health measures should be used to restrict liberty instead of DoLS.
  • Reviewing restrictions on people’s care and support as the country comes out of the pandemic.
  • The implications for the Liberty Protection Safeguards.
Please note there is a fee of £15 + VAT to reserve your place at this session if booked in advance. Places can be booked on the day of the event for £18 + VAT.

Tim Spencer-Lane, lawyer specialising in mental capacity, mental health and social care law