Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. (e)the responsible person statement must be made on Form 15. have two years experience in a medical profession, pre-qualification or post-qualification. (a)that the person has been discharged from detention under the Act; and. STATUTORY RULES OF NORTHERN IRELAND 2019 No. It is particularly intended to provide guidance for professionals involved in administering and delivering the safeguards, who are under a duty to have regard to the Code. have membership of a relevant Royal college and holds a full-time or part-time appointment at a Consultant level, Speciality Doctor level, Associate Specialist level or Post Membership Trainee level. (5) If the application contains a statement mentioned in paragraph 4(2) of Schedule 3 to the Act (statement that P lacks, or probably lacks, capacity in relation to making an application to the Tribunal), the Attorney General must be notified and all information used by the trust panel must be sent to the Attorney General. has successfully completed relevant training within the last 36 months; except in the 36 month period beginning with the date the person has successfully completed the relevant training referred to in head (ii), has, in the 36 months prior to the completion of the short-term detention authorisation, completed further training approved by the Department; has two years experience in the last 10 years in a professional role working with persons who lack capacity; and. 27. Your information helps us decide when, where and what to inspect. An alternative medical practitioner who may make a report under paragraphs 11, 13 or 14 in Schedule 2 to the Act is a person who meets the criteria for being a responsible medical practitioner but who is not in charge of P’s care. 51. has the skills necessary to obtain, evaluate and analyse complex evidence and differing views and to weigh them appropriately in decision making; the consultation with the nominated person must be made on Form 3; the statement in paragraph 2(5) of Schedule 2 to the Act must be made on Form 7; and. An application for authorisation under Schedule 3 to the Act must be made on Form 16. (2) The panel is not required to provide formal justification of its decision. However, as it is noted in Part 5, allowing the safeguards to be put in place before a person is 16 does not allow a detention amounting to a deprivation of liberty by virtue of the Act before the person is 16. When making an extension authorisation—, (d)the statement in section 39(3) of the Act must be made on Form 7; and. 20. Further information is contained in the Codes. 50. 32. 7 Challenging a deprivation of liberty 16 7.1 Challenging an unauthorised deprivation of liberty 16 7.2 Challenging an authorisation 16 7.3 Taking a case to the Court of Protection 16 8 Legal background to DoLS 17 8.1 Defining deprivation of liberty – Cheshire West 18 8.2 The Code of Practice 18 9 Other settings for deprivation of liberty 20 (e)the report of the approved social worker must be made on Form 9. Citation, commencement and interpretation, Formal Assessment of Capacity and Nominated Person. “relevant person” means a person who is not P but is authorised under the Act, or under any other lawful measure, to hold and manage the money or valuables for P. Sealed with the Official Seal of the Department of Health on 29th August 2019. (d)not use the money and valuables to pay for such things which would normally be included in the fees for the place of residence or to pay for such fees. (a)a formal assessment of capacity under section 13 of the Act; (b)the requirement to ensure a nominated person is in place under section 15 of the Act; and. (3) If the information relied upon is information required to be provided in the authorisation, it is sufficient to make reference where that information is available (to avoid unnecessary duplication). 6.—(1) Immediately when P is discharged from detention amounting to deprivation of liberty by virtue of the Act the persons in paragraph (2) must be given the information in paragraph (3). “permitted period” has the same meaning as in paragraph 19 of Schedule 1 or paragraph 9 of Schedule 3 to the Act; 48. The Department of Health(1), in exercise of the powers conferred by sections 14(4), 39, 42, 43, 50, 57, 58, 61(1), 79(4), 132, 276, 297 and 300 and paragraphs 5, 6, 7, 8, 14 and 19 of Schedule 1, paragraphs 1, 2, 3, 4, 7, 9, 11, 13 and 14 of Schedule 2 and paragraphs 3, 4, 5, 6, 7, and 9 of Schedule 3 to the Mental Capacity Act (Northern Ireland) 2016(2), makes the following Regulations: 1.—(1) These Regulations may be cited as the Mental Capacity (Deprivation of Liberty) Regulations (Northern Ireland) 2019 and shall come into operation in 1st October 2019. 13.—(1) When an application is received by the relevant trust, it must as soon as practicable notify P and persons in paragraph (2) on Form 17 and include information about a person’s rights under the Act. HSC trusts can add additional information to the forms as long as it is clear that this additional information does not form part of the prescribed form. 7.—(1) Information provided under regulation 5 must be provided in writing and must be approved by the Department. countersignature of another person witnessing the signature in sub-paragraph (k). This factsheet explains what counts as a … Tell us about your care. For more information see the EUR-Lex public statement on re-use. the statement in paragraph 4(2) of Schedule 3 to the Act must be made on Form 7; amended for accessibility if so is required or appropriate; and. Where a Form in the Schedule requires a signature, an electronic signature with same effect can be provided if the form is in itself provided in a digital form. and furnish such information to those persons to facilitate the deprivation of liberty as authorised or not. For further information on the first phase commencement please read the attached newsletter. (3) The information that must be provided includes—. The following Code focusses on how the provisions relating to Deprivation of Liberty work: Hard copies of the Deprivation of liberty safeguards: code of practice are available from The Stationery Office (TSO), Please note that TSO charge a fee for hard copies (£18), Money & Valuables and Research Code of Practice. (e)have the skills necessary to obtain, evaluate and analyse complex evidence and differing views and to weigh them appropriately in decision making. (c)the consultation with the nominated person must be made on Form 3; (d)the statement in paragraph 2(5) of Schedule 2 to the Act must be made on Form 7; and. 31. The Part also provides provisions for changes to the Act in situations where a person who has capacity is making a declaration, revocation or appointment of a nominated person but is physically unable to sign personally. 8. 52. (ii)has successfully completed relevant training within the last 36 months; (iii)except in the 36 month period beginning with the date the person has successfully completed the relevant training referred to in head (ii), has, in the 36 months prior to the completion of the short-term detention authorisation, completed further training approved by the Department; (iv)has two years experience in the last 10 years in a professional role working with persons who lack capacity; and. 2 What are the Deprivation of Liberty Safeguards? care that restricts a person’s liberty is both appropriate and in their best interests. In July 2015 the Law Commission announced proposals for a framework to replace the Deprivation of Liberty Safeguards (Dols) after concluding that the current system was “deeply flawed”.15 3 Deprivation of liberty safeguards proposals for Northern Ireland regard has been given to whether failure to do the act is likely to result in harm to other persons with resulting harm to P. Transitional Arrangements When a Deprivation of Liberty is Proposed Before a Person is 16. a formal assessment of capacity under section 13 of the Act; the requirement to ensure a nominated person is in place under section 15 of the Act; and.