MCA liberty deprivations vs social work values
Published by Professional Social Work magazine, 22 June, 2022
A potential conflict between depriving people of their liberty and social work values was explored during a session on human rights in social care.
The concern was raised as a consultation on replacing Deprivation of Liberty Safeguards (DoLs) with Liberty Protection Safeguards (LPS) introduced in the Mental Capacity (Amendment) Act 2019 ends next month.
BASW Cymru professional officer Meryl Williams welcomed the greater emphasis the reform puts on protecting people’s liberty.
She said: “For me that is quite a significant and positive change. We are meant to protect people’s right to liberty."
Williams, who was managing a safeguarding adults team when DoLs were first introduced, emphasised the importance of keeping social work values at the forefront when making assessments under the act.
“Is there a conflict between assessing people to deprive them of their liberty and our social work values?
“I don’t think there is if we work in an ethical way, in a way that is respectful and involves the individual, speaks for them and empower them and looks at things like proportionality – do the things we should as social workers.
“If we treat people as an individual, as someone who faces issues and problems who has expertise in their own lives and adopt a person-centred approach, then that will give people worth and dignity. We show that we accept the individual in the situation they are in.”
Martin Sexton, chair of BASW’s Policy, Ethics and Human Rights Committee, said there were some challenges within LPS and the definition of ‘liberty’.
“What is lurking in liberty? It has a history. What people are we talking about? Who does it refer to and who doesn’t it refer to?
“Are there agendas, ableist ideas, is this about individuality rather than community?”
Keith Johnston, of the Northern Health & Social Care Trust, stressed Article 5 and Article 8 of the Human Rights Act should always be at the forefront during assessments.
“Have I the right to take away their liberty? Have I the right to interfere with their family life?
“Is our action proportionate? Is what we are about to do genuinely in the person’s best interest? Those are the concepts we have to engage with.”
Johnston said there was a conflict for social work when someone makes a “very bad, very risky decision but they have the capacity to make it and I have to walk away from that”.
The LPS reforms extends rights to 16 and 17-year-olds and all care settings, not just care homes and hospitals.
A new role of approved mental capacity professional will be created providing “enhanced oversight for those people who need it most” along with a new code of conduct.
The government estimates it will cost £20million to train staff for the new system with £900,000 a year thereafter.
The consultation ends on 7 July.
See more information from the Social Care Institute for Excellence here