Masterclass on Conditional and Absolute discharge
On Tuesday 24th of May we were joined by a host of speakers from across the country to discuss conditional...Read More
Brian* was living in a residential home where he was subject to a Guardianship under the Mental Health Act, as well as a Deprivation of Liberty Safeguards (DoLS) under the Mental Capacity Act. Even though Brian was subject to two pieces of legislation, he only needed one Advocate to help him communicate his views and wishes surrounding his care.
Why did he need an Advocate?
As our Independent Advocates are multi-skilled and don’t just train in one area of advocacy, we were able to support Brian in two ways. Our Advocate, Harry, supported Brian as both an Independent Mental Health Advocate (IMHA) for his Guardianship and as a paid Relevant Person’s Representative (RPR) for his DoLS.
This meant Brian only had to explain his situation once and work with one person throughout the whole process. Brian did not understand why he was subject to this legislation and was confused by all of the rules, which he felt were keeping him away from his wife.
I was confused by all of the rules and I just wanted to see my wife. My Advocate helped me to make this possible.
How we helped
Our Independent Advocate Harry, supported Brian with advocacy under the Mental Health Act. Over time, they developed a great bond which enabled Brian to feel as though he could trust his Advocate to listen to his views.
Brian said that it helped him that the same Advocate also acted as his Relevant Person’s Representative and carried out routine monthly visits. He felt that didn’t have to start again from scratch and liked that he didn’t have to repeat his story to a new Advocate.
Brian felt confident to share with Harry his wishes to live independently in his own flat and explained that he didn’t understand why he was being Deprived of his Liberty under a DoLS.
Because of Brian’s queries about his living situation, Harry requested a review of Brian’s Capacity Assessment. Having spent some time with Brian, Harry felt that he may have capacity to make decisions in relation to his care and support needs. Brian was also spending a lot of time outside of the care home and was able to stay overnight at home with his wife. This raised questions as to whether the restrictions in place were necessary.
A Best Interest Assessor carried out a Capacity Assessment and was in agreement that Brian no longer met the criteria to be deprived of his liberty and the DoLS authorisation was lifted.
Now, Brian is feeling much more positive about his situation and continues to visit his wife. We are continuing to support Brian with his hopes to return home. Advocacy support was vital for Brian as without it, he would still be living unhappily under the restriction of two pieces of legislation. Brian was very thankful that there was somebody independent, working actively to gain the best possible outcome for him, taking the time to listen to his views and wishes and ensuring that they were not overlooked.