The Liberty Protection Safeguards team have emailed regarding the withdrawal of the coronavirus pandemic guidance following the lifting of restrictions. The email is reproduced below.
Following the lifting of restrictions on 19th July 2021, the Mental Capacity Act (2005) and deprivation of liberty safeguards (DoLS) during the coronavirus (COVID-19) pandemic guidance has now been withdrawn. In spite of this, the care and treatment of people who may lack the relevant mental capacity remains of great importance and must always be guided by important principles of the MCA, which may in some cases include the utilisation of the safeguards provided by the DoLS. This was and is the case, before, during and after the pandemic.
Practitioners should also note that the urgent authorisation form (form 1B) in Annex B should now no longer be used and instead form 1 should be used for all requests. All the relevant forms can be found here.
Where decisions may need to be made in relation to COVID-19 care or treatment, for someone who may lack the relevant mental capacity, practitioners should follow their usual processes, including the best interest decision making process. If you have any questions or queries about how the principles of the MCA can be applied to pandemic related decisions, or in relation to the withdrawing of this guidance, then please do get in touch.
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