When conducting a Mental Capacity Assessment it is vital to understand the salient information relevant to this case. Put simply, ‘salient information’ is the relevant information that is required in order for the relevant person to be able to demonstrate capacity for the specific decision being addressed.
To help illustrate this point, we have two case studies that consider two separate decisions: whether to install bed rails, and whether to smoke.
The National Mental Capacity Forum (NMCF) is a working initiative between the Ministry of Justice (MoJ) and Department of Health and Social Care (DoHSC). The core purpose for the forum is to improve implementation of the Mental Capacity Act (2005), for which it has been releasing annual reports since 2016. The latest report for the period 2022-2023 has just been published (May 2024), and is recommended reading for anyone working in the field.
Learning from Lives and Deaths – people with learning disability and autistic people (LeDeR) was established in 2017 as a collaboration between several UK universities along with NHS England and several leading charities in the area. Its report for 2022, which was only published as recently as November 2023, includes some really interesting and important observations in relation to Mental Capacity and how it is applied in practice in England.
Evidence based practice is essential in healthcare, and indeed many other sectors. It provides proof of impact, or outcome, through careful assessment and comparison in controlled environments. In today’s blog, we will examine a recent systematic review of the field, published in the journal Health Expectations looking particularly at the barriers to supported decision-making that the paper identifies
Within the realm of Mental Capacity, when we talk about ‘supported decision-making’, this refers to any form of assistance given within the decision-making process. This may include the provision of relevant information, or even providing education around a topic to help someone make a choice.
We recently had the privilege to attend a stimulating event exploring the role of executive dysfunction and mental capacity. The afternoon was hosted by CoPPA North West and Pennine Care NHS Foundation and featured speakers from across the legal and medical professions, including Judge Simon Burrows, Barristers Rebecca Clark and Neil Allen, and Consultant Psychiatrists Dr Cathy Symonds, Dr Ade Akinola and Dr Samuel Wintrip.
Age UK has published a report expressing concerns about the way Deprivation of Liberty Safeguards is being enacted in England and Wales. The report calls…
A recent case held before the Court of Protection highlighted issues around the way that Mental Capacity Assessments are completed. In her conclusions, Mrs Justice Knowles highlighted the important role played by the Assessor – emphasising the need for accountability in the process, and for the Assessor to take professional measures to establish the salient information relating to the case the case.
Under Article 5 of the Human Rights Act, every person has the right to liberty and security. However, there are certain circumstances in which it may be necessary to deprive/restrict someone of their liberty in order to protect them should they not have the capacity to consent to their treatment or care at a specific placement.
According to government guidance, an LPA certificate provider is an impartial person who confirms that the person completing the LPA understands what they are doing…