We are excited to announce the first dates for our new webinar series designed to raise awareness, strengthen skills and build confidence in applying the Mental Capacity Act (2005) in health and care settings. Each 3-hour session will look at the Mental Capacity Act as a whole including how to assess, what questions to ask, Best Interest decisions and the forthcoming Liberty Protection Safeguards (LPS).
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.
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.
The idea for Mental Capacity Ltd started one day when my brother Mike was visiting me in at my home in the South East, and we got chatting about my work as a mental capacity assessor and advocate.
During our chats, we started to talk about some of the frustrations I was experiencing with my work, and the poor practice I was encountering on an almost daily basis. Examples included wrongly applied DNAR orders, care plans that unduly restrained users in their wheelchairs, and the unlawful application of Deprivation of Liberty Safeguards (DoLS), particularly within the private sector as well as lack of application in main stream hospital wards.
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.
It has been a trying few years for everyone with the impact of Covid and related restrictions. During this time, I have been privileged to see some incredible person-centred care. For example, one of the homes I have worked with went above and beyond to ensure that an isolating gentleman with learning disabilities, who had tested positive, had a staff member at his door throughout the day to engage with him and give him someone to talk to. They also supported him by doing activities at a distance and he had thrice-daily supported access to the gardens to get fresh air and a change of scene.
The Local Government and Social Care Ombudsman has recently found that over 1,000 people have been unlawfully deprived of liberty due to DoLS application delays by Cheshire East Council. One case in particular was delayed by more than six years.
We are excited to share that we will be presenting at the Liberty Protection Safeguards (LPS) Conference 2022, at events to be held in Birmingham and Manchester later this month.
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.
On the 29th December 2021, Jenny Kitzinger and Celia Kitzinger shared a challenging and troubling case on the website Open Justice Court of Protection. This case demonstrates the lack of knowledge and application of the Mental Capacity Act (2005) by London North West University Healthcare NHS Trust, who continue to be rated as ‘Requires Improvement’ by the Care Quality Commission.
In this case, the patient, Mrs W, had her nasogastric tube removed by medical staff on 10th November 2021. Mrs W had previously assigned the role of Lasting Power of Attorney (LPA) for Health and Welfare to her children. However, her children were not consulted in this process, and the clinicians declined to reinstate the feeding tube when challenged. The Trust then proceeded to withdraw hydration from Mrs W as well.