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. The Deprivation of Liberty Safeguards (DOLS) were introduced to address fundamental human rights breeches; notably article 5 of the European Convention on Human Rights (ECHR); the right to liberty. A key piece of case law was London Borough of Hillingdon v Stephen Neary (2011), which questioned whose best interests were served by placing Mr Neary in restrictive residential care. Which two of the following were principles for practice that arose from the case?

A case should be approached from the assumption that liberty is better than deprivation of liberty correct incorrect

A Local Authority can effectively 'rubber stamp' a deprivation of liberty once they have made the best interests decision correct incorrect

An Independent Mental Capacity Advocate (IMCA) should be appointed where the Supervisory Body disagrees with a person who has Lasting Power of Attorney correct incorrect

Effective review of authorisation must be built in and must take into consideration the individual's desires and those of family correct incorrect

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. The Court of Protection makes precedent decisions which bind and direct the lower Courts in using MCA & DOLS, which of the following is NOT part of their role?

Appointing deputies to make ongoing decisions for people lacking capacity correct incorrect

To identify where someone needs to be assessed for care and support correct incorrect

Make decisions about lasting power of attorney correct incorrect

Making decisions about when someone can be deprived of their liberty under the MCA correct incorrect

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. The Court of Protection may be called upon to approve serious or invasive care or treatment; can you identify the incorrect decision-making power below?

Decisions regarding withholding artificial hydration and nutrition from a person in a permanent vegetative state correct incorrect

Non-therapeutic sterilisation of a person who lacks capacity correct incorrect

Gender re-assignment where the person has expressed their bi-sexuality correct incorrect

Organ or bone marrow donation on behalf of an incapacitated person correct incorrect

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. The Court of Protection will need to appoint a deputy to manage a person's finances in all circumstances where the incapacitated person has not made a LPA

True correct incorrect

False correct incorrect

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. Deprivation of liberty may include the use of restraint, the MCA (Section 6) and DOLS Code of Practice state when restraint might be necessary, which of the following is not a justifiable reason for restraint?

The person is likely to experience harm if proportionate restraint is not carried out correct incorrect

Restraint should only be carried out for as long as necessary correct incorrect

The person must be restrained in the least forceful manner correct incorrect

Restraint can be used to enable a carer to carry out their duties in a more effective manner correct incorrect

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. DOLS legislation was established to address the 'Bournewood Gap' related to the case of HL v UK (2004) where HL was deprived of his liberty in a hospital (essentially as an 'informal' patient) and was not afforded the opportunity to have his case reviewed by the Courts to ascertain whether the detention was lawful. DOLS states that a person should only be deprived of their liberty where.... (There are three answers to identify)

They lack capacity to make decisions correct incorrect

The deprivation is proportionate to meeting their needs correct incorrect

The alternative is cost prohibitive correct incorrect

It is in their best interests correct incorrect

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. An Urgent Authorisation under DOLS covers an immediate or emergency situation where a person is deprived of their liberty, the Urgent Authorisation lasts for 21 days whilst a standard authorisation is carried out

True correct incorrect

False correct incorrect

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. Department of Health guidance on DOLS published in 2015 highlighted the 'acid test' for what determines a deprivation of liberty; which of the following is an accurate description of what constitutes a deprivation of liberty?

A person who is free to leave but has lost their key correct incorrect

A person who cannot leave a residence without family assistance correct incorrect

A person who is under continuous supervision or control correct incorrect

A person who agrees to a deprivation of liberty correct incorrect

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. The Mental Capacity (amendment) Bill (2018) seeks to address some of the challenges arising from case law decisions and develops the work carried out by the Law Commission in 2016 which suggested the current DOLS legislation was deeply flawed and needed to be replaced. The new proposals suggest what would happen in the event of a person being deprived of their liberty?

Responsible bodies (Hospital manager etc..) can authorise arrangements which give rise to a deprivation of liberty correct incorrect

A person under 18 can be deprived of their liberty with parental consent correct incorrect

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. The Mental Capacity (Amendment) Bill (2018) also proposed a change to the specialist assessors who will be required to carry out pre-authorisation reviews, particularly where the person deprived of their liberty does not wish to reside at the specific location or does not wish to receive the treatment proposed, what is the name of these assessors?

Best Interest Assessors correct incorrect

Approved Mental Capacity Professional correct incorrect