Impact of the PHE guidance on capacitated individuals in 24 hour care settings

The research will explore ways in which adult social workers can creatively support capacitated adults in 24 hour care settings to reduce the impacts imposed by Public Health England Guidance during the Covid-19 pandemic. The aim of this is to highlight areas of good practice amongst professionals and to disseminate this across the partnership to inform further practice should another pandemic or epidemic occur. Consideration will be made to the forms of redress under the Mental Capacity Act 2005 for individuals subject to a DoLS and how this legal framework has been used flexibly in the best interests of residents whom lack mental capacity in relation to where they reside- a comparison will then be drawn from this. Consideration will also be made with regards to the use of the judicial review process and the associated thresholds for such a review, this will be completed via a literature review. The researcher will also consider how social workers and best interest assessors have supported residents to achieve a personalised risk assessment outside of the ‘court arena’.