Mental Capacity in Practice

The Mental Capacity Act in practice.

Supporting capacity with augmentative communication aids

14 March 202210 October 2022
Comment, Mental Capacity in Practice

There are many different forms of communication, both verbal and non-verbal in nature. While many of us will take communication for granted, others need a little more support. Thankfully there are a range of relatively low-tech aids available to support those with complex communication needs. These include Makaton, PECS and Talking Mats – all of which are put to good use across education and healthcare settings to promote inclusion and person-centred care.

Elderly couple sat together looking out to sea

Free resources for the Mental Capacity Act

7 March 202215 August 2022
Mental Capacity in Practice

There is a range of information available online to support matters surrounding the Mental Capacity Act (2005). Many of these resources are free to access and also include accessible guides for those we work alongside. In this blog, we share some of our favourite resources with you to explore.

Communication is key: elderly couple sitting in the garden enjoying the sunshine

Communication to support capacity

21 February 202221 February 2022
Mental Capacity in Practice

Communication is an absolutely vital part of the Mental Capacity Act (2005). If we are to support capacity effectively then we should do everything in our power to ensure good, effective communication that is adapted to the needs of the service user. This may mean taking extra measures to aid the process of communication, to consider environmental and/or external factors, and also to make allowances for any fluctuations in an individual’s ability to understand.

Gillick competence. Teenager receiving injection from doctor.

Gillick Competence and the Fraser Guidelines

2 February 202230 December 2023
Mental Capacity in Practice

The Mental Capacity Act (2005) currently applies to adults aged 16 years and above. However, as with many things, there are specific areas of exception. One of which is known as ‘Gillick Competency’ (or Gillick Competence), and the related Fraser Guidelines. These two important judgements set out rules around when a young person is deemed competent to make their own decisions without specific parental consent.

What is a Relevant Person’s Representative (RPR)?

17 January 202230 January 2024
Comment, Mental Capacity in Practice

A Relevant Person’s Representative (RPR) is a necessary and essential role under the Deprivation of Liberty Safeguards (DoLS). It is the role of the RPR to maintain regular contact with the relevant person who has been deprived of liberty, and represent them in all relevant matters. This can include: appealing against a DoLS authorisation, requesting a review, ensuring least restrictive practices are in place or raising a complaint.

Advanced Decisions and Lasting Power of Attorney

30 December 202113 December 2021
Mental Capacity in Practice

The Mental Capacity Act (2005) provides two options to help us plan for the future and provide clear documented decisions in the case of deteriorating health.…

Assessing capacity: lady and man in wheelchair wearing coats looking into the distance

Common errors in Mental Capacity Assessments

16 December 202126 November 2022
Case Study, Mental Capacity in Practice

I’ve been involved with the field of Mental Capacity for many years now, both as an assessor and an advocate. In this time, I’ve encountered a whole range of common errors and mistakes that come up time and time again.

These errors can have a major impact on a person’s quality of life, and ability to make decisions for themselves. Not only that, but they also leave open the risk that if the Mental Capacity decision is ever to be challenged, then it will quickly be dismissed and overruled by governing bodies such as the Court of Protection.

However, thankfully, most of these errors are easily avoidable and simple to resolve with adequate reflection, preparation and the correct training.

Man with learning disability getting married

Example Mental Capacity Assessments

9 December 202115 March 2023
Case Study, Mental Capacity in Practice

There is surprisingly little information available on precisely how to complete a Mental Capacity Assessment. Having attended many courses on Mental Capacity in my time, it still surprises me just how many courses fail to set out what to ask, how much to record, what information is relevant and what to do next.

Proportionate placement

29 November 202114 January 2022
Comment, Mental Capacity in Practice

We often hear the words least restrictive practice, which we often associate with physical or medical restraint. However, an often overlooked area of least restrictive practice is placement, which is more easily thought of as where someone lives and the restrictions placed upon them.

Least restrictive practice: What does the Mental Capacity Act say?

8 November 202130 January 2024
Comment, Mental Capacity in Practice

The Mental Capacity Act (2005) provides protection to any individual who is deprived of their liberties in order to safeguard their health and wellbeing. It does this by establishing that all support be the least restrictive option; that any restriction in place must be proportionate to the need of keeping the individual safe, necessary in terms of all other lesser options have been attempted multiple times and lawful. By this, it must be justifiable if needed to be defended in front of the Court of Protection.

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