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10 Cards in this Set
- Front
- Back
What are the criticismsof the current dols system |
Narrow focus of Article 5(right to liberty) Disconnect from the mental capacity act (not empowering in theme) LA Conflicts of interest, they are both authorizing body and regulatory body Limited scope (only hospitals and care homes ) One size fits allapproach (same for all settings) lack of over sight (when monitoring conditions) length and complexity (overly bureaucratic) Designed for small amount of cases, not the amount they have currently |
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What judgement caused the change to the number of dols applications? |
Cheshire West |
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What is meant by the acid test |
A person is being deprived of their liberty if they meant the two conditions: they are under constant supervision they are not free to leave their setting independantly |
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"A Gilded Cage is Still A Cage" |
Lady Hale |
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What are the three new systems being proposed? and what is the overall scheme called? |
Overall Scheme is Protective Care 1. Supportive Care 2. Restrictive Care and Treatment 3. Hospitaal/Hospice Care |
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What does the new Scheme try to do to address the previous DOLs issues |
Improved outcomes (for SU and families) MCA themed (empowerment) Non-elaborate scheme - try to keep it simple Commpliant with EU Conventions of HR and Disability Tailored to particular settings
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How is the new scheme overlly ambitious? |
Supportive Care essentailly gives safeguards to people who didn't meet the threshold before, so alot of new applications the restrict care and treatment scheme overs both registered settings and the family home. (Article 8 - right to a private and family life) New BIA role being called AMCP, Hospital scheme allows general doctors to authorise (undermines role of AMCP?) VERY EXPENSIVE - 1.8BN over 10 yeards Even more complex than original scheme |
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What are the cost pressures of the new scheme? |
Estimated to cost around 1.8bn over ten years, the new system looks to be even more expensive and burdensome than the original scheme. |
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Outline the streamlined proposals? |
abandoning wider "supportive care" and concentrating on DOLS establishing the case forDOLS to be on the commisioner not the provider univeral scheme regardless of setting no amendment of the MHA remove the need for coroners to signoff any death whilst under DOLS |
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How will these plans affect social work practice |
The None StreamLined proposal would have increased applications drasitcally due to the "support care" scheme, as well as introducing a new role to system (AMCP) at the same time. They will also give Doctors the power to authorise DOLS in hospitals (undermining the new role) Splits the system up into three distinct categories rather than simplifying them |