COVID-19, Social Distancing, Self-Isolation and Mental Capacity
39 Essex Chambers have published a Rapid Response Guidance Note on COVID-19, Social Distancing, Self-Isolation and Mental Capacity (October 2020)
This Rapid Response looks at when Court of Protection team have been asked to advise on a number of occasions as to the legal position where a person (“P”) lives in the community and declines to practice social distancing in circumstances where P does not (or may not) have capacity to make decisions about social contact in the circumstances of COVID-19.
This guidance note provides an overview of the framework within which decisions need to be taken in England relating to social distancing and self-isolation in the context of those with impaired decision-making capacity, including about considerations of deprivation of liberty.
Please note: this document cannot take the place of legal advice.
Also the Social Care Institute for Excellence (SCIE) have UPDATED their Mental Capacity Act Directory. SCIE's MCA Directory helps to raise awareness about the Mental Capacity Act, including the Deprivation of Liberty Safeguards. You will find useful information and tools to help understand or implement it. NEW features include filtering options and now over 350 resources from across the sector.