What are the two questions asked in the acid test?

A Supreme Court judgement in March 2014 made reference to the 'acid test' to see whether a person is being deprived of their liberty, which consisted of two questions: Is the person subject to continuous supervision and control? and. Is the person free to leave?

What are the elements of the acid test?

The acid test states that an individual who lacks the capacity to consent to the arrangements for their care and is subject to continuous supervision and control and is not free to leave their care setting, is deprived of their liberty and should be the subject of a DoLS application (where they are in a care home or ...

What were the two key purposes of the Mental Capacity Act when it was introduced in 2005?

It does this in two ways: by empowering people to make decisions for themselves wherever possible, and by protecting people who lack capacity by providing a flexible framework that places individuals at the heart of the decision-making process.

What is the key element of the DoLS safeguards?

The safeguards include the following four elements:

the 'best interests assessor' – they must be an approved mental health professional, usually a social worker, nurse, occupational therapist, or psychologist, with the necessary training and experience.

What is the acid test Cheshire West?

An important milestone has been the Supreme Court judgment in the so-called Cheshire West case. This judgment, handed down in March 2014, set a low threshold to apply (the 'acid test') in deciding when someone may be being deprived of their liberty and therefore that additional legal authorisation is required.

An "Acid Test" Interview Question

What are the two elements of the acid test established by the Supreme Court in its Cheshire West and Surrey ruling?

There are two key questions to ask – the 'acid test': (1) Is the person subject to continuous supervision and control? All of these factors are necessary. You should seek legal advice if intensive levels of support are being provided to any person as part of a package of care or treatment.

What are the 6 DoLS assessments?

The DoLS assessment makes sure that the care being given to the person with dementia is in the person's best interests. There are six parts to the assessment: age, mental health, mental capacity, best interests, eligibility and no refusals.

What are the 2 types of DoLS?

There are two kinds of DOLS authorisation — an urgent authorisation and a standard authorisation. An urgent authorisation is put in place by a care home or a hospital. A standard authorisation is put in place by a local authority.

What are the 5 principles of DoLS?

What is the difference between DoLS and LPS?

The Mental Capacity (Amendment) Act 2019 received the Royal Assent on 16th May 2019. The purpose of the Act is to abolish the Deprivation of Liberty Safeguards (DoLS) and to replace them with a completely new system, the Liberty Protection Safeguards (LPS). This system will apply to England and Wales only.

What is the 2 stage test of capacity?

The MCA sets out a 2-stage test of capacity: 1) Does the person have an impairment of their mind or brain, whether as a result of an illness, or external factors such as alcohol or drug use? 2) Does the impairment mean the person is unable to make a specific decision when they need to?

What is principle 2 of the Mental Capacity Act concerned with?

Principle 1: Assume a person has capacity unless proved otherwise. Principle 2: Do not treat people as incapable of making a decision unless all practicable steps have been tried to help them.

What are the key principles of Mental Capacity Act 2005?

Can you detain someone under the Mental Capacity Act?

You cannot be detained under this Act unless you meet the conditions for sectioning under the Mental Health Act 1983 (see our pages on sectioning for more information on when you can be sectioned). If you are detained under this Act, the health professionals must follow this Act when making decisions for you.

What are the 3 factors that indicate a person is deprived of their liberty following the Supreme Court ruling?

What is the acid test MCA?

The acid test for a deprivation of liberty was set out in the Cheshire West ruling in 2014. The ruling stated that a person who lacks the relevant mental capacity to make decisions about their care or treatment arrangements is deprived of their liberty if they are: not free to leave the accommodation, and.

What are the 3 restrictions of the Mental Capacity Act?

1The principles

(1)The following principles apply for the purposes of this Act. (2)A person must be assumed to have capacity unless it is established that he lacks capacity. (3)A person is not to be treated as unable to make a decision unless all practicable steps to help him to do so have been taken without success.

What is a DoLS order?

If the person who lacks mental capacity doesn't live in a care home or hospital but is being deprived of their liberty, you must apply to the court to get an order authorising the restriction of their freedom.

How long can a person be deprived of their liberty?

An authorisation for a deprivation of liberty made by the Court of Protection can last up to 12 months and can then be renewed by application to the Court. Just like a DoLS authorisation, the Court of Protection may decide to authorise the deprivation of liberty for less time than this, depending on the circumstances.

What are the two elements of the acid test that a person must meet to be said to be deprived of their liberty?

A Supreme Court judgement in March 2014 made reference to the 'acid test' to see whether a person is being deprived of their liberty, which consisted of two questions: Is the person subject to continuous supervision and control? and. Is the person free to leave?

How many assessments are there in DoLS?

Under the Mental Capacity Act Deprivation of Liberty Safeguards (MCA DOLS), six assessments have to be successfully conducted before a local authority (supervisory body) can authorise the deprivation of an individual's liberty in a hospital or a care home.

What is discussed at a best interest meeting?

There may be a 'best interests meeting' if the decision is more complicated, such as decisions about where the person will live. This isn't always needed. However, when it is, a meeting can be a good way to consider all the different issues involved in the decision.

What is meant by best interest?

Best Interests is a statutory principle set out in section 4 of the Mental Capacity Act. It states that 'Any act done, or a decision made, under this Act or on behalf of a person who lacks capacity must be done, or made, in his best interests'.

What does deprivation of liberty mean?

A deprivation of liberty is where your liberty is taken away from you - that is, you are not free to leave and you are under continuous supervision and control. The Mental Capacity Act says that the law allows this only in very specific situations.

What does MCA stand for in care?

The Mental Capacity Act (MCA) applies to everyone who works in health and social care and is involved in the care, treatment or support of people aged 16 and over who are unable to make all or some decisions for themselves.