Understanding Intervention
UK law grants elderly individuals the right to live independently if they are mentally capable. Intervention by social services is not permitted based solely on choices considered 'unwise'. However, social services must investigate significant safeguarding issues, such as neglect, abuse, or risks to the person or others.
Mental Capacity Act 2005
The Mental Capacity Act (MCA) 2005 sets out how to assess if someone lacks capacity for a specific decision. A key part of this assessment is whether a person has an impairment that prevents decision-making. Any decisions made must be in the person's best interests and be the least restrictive. If a person lacks capacity and is at significant risk, social services may need to approach the Court of Protection.
The Court of Protection
For major decisions about residence, such as moving someone from their home, social services must apply to the Court of Protection. This court handles cases for vulnerable adults lacking capacity and determines if removal is in their best interests.
DoLS vs. Court of Protection
Deprivation of Liberty Safeguards (DoLS) apply to individuals in hospitals or care homes who lack capacity and are deprived of their liberty. DoLS cannot authorise removing someone from their home; this needs a specific court order.
The Intervention Process
- Reporting: Concerns can be reported to local social care or police.
- Enquiry: A local authority enquiry investigates risks under the Care Act 2014.
- Assessment: Professionals assess needs and capacity.
- Best Interests: If capacity is absent, a meeting decides the best course of action, involving family.
- Court: If moving the person is necessary, an application goes to the Court of Protection.
- Resolution: Following a court decision, the care plan is implemented and reviewed.
Comparing Legal Powers
| Legal Mechanism | Purpose | Setting | Key Condition | Approval Body |
|---|---|---|---|---|
| MCA 2005 | Legal framework for decisions | Any | Lacks capacity | Decision-maker |
| DoLS | Protects restricted liberty | Hospital/care home | Lacks capacity AND liberty restricted | Local authority |
| Court of Protection | Authorises major welfare decisions, including residence | Any (including home) | Lacks capacity AND serious welfare decisions needed | Court of Protection |
After Moving
If ordered by the Court, the local authority manages the move to a suitable care setting. The placement is reviewed to ensure it remains appropriate. Efforts are made to help the person settle in. For detailed guidance, consult the {Link: GOV.UK https://www.gov.uk/government/publications/mental-capacity-act-code-of-practice}.
