Thoughts on LPS in practice
In the final part of a three-part blog series, Case Manager and Independent Best Interest Assessor Eleanor Tallon shares her thoughts on the forthcoming changes to LPS and how it might work on a practical level.
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Reflecting on changes to the MCA Code of Practice (Part 2)
In the second of our blog series on the MCA Code of Practice consultation, we look at Chapters 2 and 3, including the five statutory principles and how to support people to make their own decisions.
Mental Capacity Ltd in OT News
We are pleased to announce that our co-director Nicky Ryder has a piece featured in OT News (April 2022) that looks at awareness raising and education within the multidisciplinary team surrounding grading and adapting. The article also includes her own proposed basic hierarchy to support application in practice.
Unanswered questions from the LPS
In the second part of a three-part blog series, Case Manager and Independent Best Interest Assessor Eleanor Tallon shares her thoughts on the forthcoming changes to LPS and the implications for practice.
DoLS: A case for reform
In the first of a three-part blog series, Case Manager and Independent Best Interest Assessor Eleanor Tallon shares her thoughts on DoLS reform, and some of the issues leading to its replacement with the forthcoming Liberty Protection Safeguards (LPS).
What is retention?
When it comes to Mental Capacity Assessments, ‘retention’ refers to an individual’s ability to recollect relevant information relating to a specific decision. However, in assessing for retention, it is also important to take into account the second principle of the Mental Capacity Act, which states that we should actively support capacity wherever possible. Therefore, as assessors, we should provide sufficient support to enable retention where possible – be it through labelled items, social stories, easy read guides or so on.
Reflecting on changes to the MCA Code of Practice (Part 1)
The UK Government has launched an open consultation around changes to the MCA Code of Practice and implementation of the LPS. The consultation document is available for anyone to access and can be downloaded in a number of different formats, including a draft version of the new Code. Professionals are encouraged to read the document(s) as appropriate and feedback via online forms. There is no requirement to study the complete set of proposals in order to take part.
Using LEGO to support capacity and enable informed consent
LEGO has launched a new kit designed to help ease children’s anxieties around using an MRI scanner. This fantastic toy helps bridge the gap in understanding around what is going to happen, putting the process of an MRI scan in terms that a child can understand, facilitating their comprehension and thereby reducing anxiety around the whole process.
What is ‘understanding’?
At its most basic level, ‘understanding’ refers to ‘comprehension’ or ‘insight’ – the ability to apply knowledge to a specific topic or situation. However, in terms of the criteria for Mental Capacity Assessments, these definitions are perhaps a little broad. This is because when we test for capacity, we are not looking for an in-depth understanding of a specific topic, but rather an ability to ‘grasp’ the concept within the context of the individual’s own situation.
Five key principles of the Mental Capacity Act
The Mental Capacity Act (2005) is built around five key principles. To ensure best practice, it is useful to attach a copy of the five principles to any Mental Capacity Assessment, to be reviewed prior to the assessment in order to ensure the assessment is only completed if necessary and that appropriate support is put in place, while also respecting the individual and their Rights