GPs could see reduced involvement in mental capacity assessment
A review to address the ‘shameful backlog’ of mental capacity assessments could reduce GP involvement in the process, according to the Government.
The consultation into replacing the Deprivation of Liberty Safeguards (DoLS) with Liberty Protection Safeguards will launch ‘in the first half of next year’, according to the Department of Health and Social Care.
The DoLS – an amendment to the Mental Capacity Act – are a set of checks to protect hospital or care home patients suffering a mental health disorder who have had their freedom limited in some way.
Annual assessments as to whether the restrictions remain appropriate include a visit by a ‘mental health assessor’, a role typically filled by a GP.
The large number of professionals involved in an assessment and yearly requirement to re-assess has created a ‘bureaucratic and complex’ system ‘leading to poor understanding and application of the law by professionals’, according to DHSC.
Liberty Protection Safeguards would ‘allow for existing assessments to be reused, or for assessments to last for longer than one year’, the Government said.
‘This will reduce the need for intrusive processes, which can be harmful or distressing for individuals and their families, and will allow for better focus on people who most need support and protection.’
A 2014 Supreme Court ruling which significantly lowered the ‘deprivation of liberties’ threshold has led to a 22-fold increase in referrals while creating a backlog of 125,000 assessments.
This week, the Supreme Court will consider whether the Northern Ireland Government can revise the safeguards.
The UK Government was granted permission to intervene in the case to ask that the court sets aside the 2014 ruling.
Primary care minister Stephen Kinnock said the backlogs caused by broadening the ‘deprivation’ definition meant the system was failing to safeguard the liberties it ostensibly protects.
Mr Kinnock said: ‘Safeguarding the vulnerable and protecting their rights is our absolute priority of this government – this is about fixing a broken system by hearing directly from those with lived experience and their families.
‘There is currently a shameful backlog in the system of unprocessed cases under the current system which means that people’s rights are not being protected. At the same time, we know that many people in the system and their families find these intrusive assessments distressing.
‘This is about ensuring we are fully focused on the most vulnerable people in our society and their families – understanding their needs, ending the maze of referrals and paperwork, and delivering the best protections and safeguards possible.’
The previous Government proposed replacing DoLS in 2019 but announced in 2023 that any changes would be delayed beyond that Parliament.
The BMA has previously said secondary care trusts cannot ‘compel’ GPs to carry out mental capacity reports on their behalf without paying them an ‘agreeable’ rate.
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