Mental Capacity in Practice

The Mental Capacity Act in practice.

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.… Read More »Advanced Decisions and Lasting Power of Attorney

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.

Elderly couple sat together looking out to sea

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.

Lady in wheelchair facing away from camera, looking down a paved street

How to explain assessments to people who are being assessed

1 November 202130 January 2024
Mental Capacity in Practice

We all have a large amount of underlying assumptions or associations in all elements of our lives, which we are encouraged as working professionals to stop and reflect on in order to reduce the impact of these on our daily practices. Without this professional conduct we risk being biased, unprofessional, incur misunderstandings or cause offence. Whether it is surrounding age, gender, health conditions, political outlook, faith, religion, education or appearance.

Elderly lady walking outside arm in arm with nurse. Photo by Cristina Serí on Unsplash.

Mental Capacity Assessments: Where to start?

25 October 20213 January 2022
Mental Capacity in Practice

From talking to colleagues, team members from different settings and other professionals across the board about the topic of the Mental Capacity Act and its Assessment, one of the most common stumbling blocks reported appears to be – where to start with an assessment, closely followed by the contents of completed assessments. It can leave some people feeling really overwhelmed and unsure of themselves, while others are thriving at the challenge, identifying ways to establish a “standard” for their own working environment.

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