DHSC, 'The MCA and DOLS during the coronavirus pandemic' (updated 27/4/21)
MCA/DOLS coronavirus guidance This document contains information under the following headings: (1) Summary of key points; (2) Use of the MCA and DoLS due to COVID-19; (3) Best interest decisions; (4) Delivering life-saving treatment: application of the Ferreira judgement; (5) Depriving a person of their liberty; (6) Hospitals and care homes; (7) Any other setting; (8) Supervisory bodies (local authorities in England, and local health boards and local authorities in Wales); (9) Emergency coronavirus health powers. The changes from the 12/1/21 version can be found under the headings "Summary of key points" and "Supervisory bodies (local authorities in England, and local health boards and local authorities in Wales)".
DHSC email 27/4/21
Following the easing of some restrictions on 12th April, as part of government’s planned roadmap out of the current lockdown, we have updated both our Mental Capacity Act and deprivation of liberty safeguards during the pandemic guidance and additional guidance in relation to our advice for professionals visiting care homes and hospitals to say that visits by professionals can occur when needed and that they should be supported wherever it is possible to do so safely. This guidance is now in line with wider guidance on care home visiting and guidance on testing for professionals visiting care homes, which were both updated on the 22nd April, reminding people that they should work closely with care homes to decide if visiting is appropriate, that they should be tested on the door of the first care home they visit that day, and that testing is only one part of the approach to reduce risk.
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Summary of key points
Face-to-face visits by professionals, for example for DoLS assessments, are an important part of the DoLS legal framework. These visits can occur
Face-to-face visits by professionals, for example for DoLS assessments, are an important part of the DoLS legal framework. These visits can occur needed, for example to meet the person’s specific communication needs, in urgent cases or if there are concerns about the person’s human rights.
what you can and cannot do.The government has also updated its visiting policy for family and friends of care home residents, which professionals in England should . Professionals in Wales should comply with any additional setting or location-specific guidance for Wales when considering professional DoLS visits.
what you can and cannot do.
During the national in England, visits by professionals can occur needed.Decisions around visiting are operational decisions and ultimately for the providers and managers of individual care homes and hospitals to make. to is to . Visiting professionals should understand and respect their local visiting policies, including for individual hospitals and care homes. The government’s policy for family and friends visits to care homes has recently been updated and contains practical advice about how to facilitate safe visits, which will also be useful for DoLS professionals.