Neil AllenLPS


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ADASS Promoting Less Restrictive Practice

This tool produced by the Directors of Adult Social Services is really useful in identifying measures that affect the person's liberty (for the purposes of the acid test) and for considering whether those measures are necessary and proportionate to the risks.

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Guidance on Conditional Discharges

HM Prison and Probation Service have provided guidance on discharge conditions that amount to a deprivation of liberty.
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Conditional Discharges: Practice Considerations

This helpful document considers the practical issues relating to the conditional discharge of restricted patients and the interface with the Mental Capacity Act 2005.
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Assessing Capacity

This guidance by 39 Essex Chambers provides a detailed summary of the relevant law for assessing capacity.

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Sexual capacity

This super resource from the British Psychological Society sets out the relevant law and helpful guidance on issues relating to capacity to consent to sexual relations.

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Best interests

This guidance by 39 Essex Chambers provides a detailed summary of the relevant law for determining what is in the best interests for someone who unable to decide.

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MHA Code of Practice (2015)

Vital reading for anyone making decisions under the Mental Health Act 1983.
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MHA Reference Guide (2015)

A useful resource on the nuts and bolts of the Act.
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Ordinary Residence Guide

This guidance is produced by the LGA and ADAS to assist local authorities.

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Guidance and Principles for MHA s117

ADASS London produced this useful guidance on after-care provision.

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Who Pays? Guidance amendment

NHS England sought to clarify its guidance on determining the CCG responsible for s117.
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NHS CHC Framework (2018)

Paragraphs 309-319 of the Framework cover the interface between MHA after-care and NHS continuing healthcare services.

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