| answer text |
<p>The net cost of authorisations and reviews is estimated to be zero because the
role for care homes under the Liberty Protection Safeguards will be similar to the
role they have currently under the Deprivation of Liberty Safeguards and Care Act.
Care homes will not be responsible for conducting assessments in any circumstances.
Where appropriate they will prepare the statement provided to the responsible body.
In some cases these statements might incorporate existing valid assessments but these
assessments will not have been conducted by care home staff.</p><p> </p><p>0.5 days
is our best estimate of how long it will take care home managers to be familiarised
with their roles in the new system, assuming they are already familiar with how the
Deprivation of Liberty Safeguards system operates. The current Deprivation of Liberty
system training can be completed in two hours. The half day training considered to
be required to familiarise care home manager with the new system is additional to
the support government has committed to provide to the sector ahead of implementation
of the Liberty Protection Safeguards.</p><p> </p><p>The comprehensive work undertaken
by the Law Commission on reforming the Deprivation of Liberty Safeguards system over
a three-year period (2014 – 2017) estimated that approximately 1% of applications
would result in an appeal to the Court of Protection. This is set out on page 34 of
the Law Commissions Impact Assessment on Mental Capacity and Detention. The Bill introduces
a new role of the Approved Mental Capacity Professional (AMCP). The AMCP will consider
objections and provide an opportunity for resolution outside the Court of Protection.
Given uncertainty, we have modelled a range of scenarios. Our central estimate is
based on a reduction in the number of appeals to the Court of Protection to 0.5% of
applications.</p><p> </p><p>The responsibility of the Approved Mental Capacity Professional
is to ensure the independence of the objection process, when an individual disagrees
with their care arrangements so that individuals can exercise their right to object
in confidence, they are not responsible for formal mediation but provide an opportunity
for issues to be resolved outside of court. The Department is working with stakeholders
and professionals to develop a Code of Practice which will assist in the implementation
and transition period of the Bill.</p><p> </p><p>General practitioners (GPs) and other
relevant clinicians will be able to provide evidence used for the purposes of medical
and capacity assessments, for example an existing diagnosis of dementia can be used
for the purposes of a medical assessment. We are not expecting GPs or other professionals
to undertake new functions in addition to routine practice, but rather want to use
the current healthcare system and activities to support the more streamlined Liberty
Protection Safeguards system through sharing of information that already exists.</p>
|
|
