Mental Capacity Act 2005 Code of Practice: Deprivation of Liberty Safeguards
CSCI Response to consultation questions
04 February 2008
Read our response to the consultation questions on the
draft Addendum to the Mental Capacity Act 2005 Code of Practice:
Deprivation of Liberty Safeguards.
This addition to the Code will cover new safeguards to be
introduced in 2009 in relation to people who are deprived of their
liberty in hospitals and care homes.
The CSCI response to the consultation questions are
primarily concerned with the implications for care homes rather
than hospitals.
In addition to responding to the consultation questions the CSCI
has also drawn particular attention to the following issues.
- The number of assessments involved and who undertakes
them.
- Determining factors as to whether deprivation of liberty is
taking place.
- The monitoring role of the new regulator.
- In 2009 CSCI will merge with the Healthcare Commission and
Mental Health Act Commission to form the new Care Quality
Commission. Find
the commissions joint response
- Deprivation of liberty in settings
other than care homes.
Find out more
The Department of Health have established a web page dedicated
to the deprivation of liberty safeguards. This includes links to a
briefing sheet and Frequently Asked Questions :
Easy to read
As well as feedback from our own staff our response has been
informed by discussions we have held with some people who have a
learning disability.
This is an easy read summary of the things people with a
learning disability told us were important when thinking about the
new Deprivation of Liberty rules.
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