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Weighing up a tough decision: Man sat thinking on sofa

Mental Capacity still not well understood

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There are several key organisations that exist to protect people’s rights with regards to the Mental Capacity Act and its application. These include the Care Quality Commission (CQC), Office of the Public Guardian (OPG) and Court of Protection (COP). However, while each of these bodies has an important role to play, we should remember that it is every person’s responsibility to raise a concern if a suspected breach of the Act has taken place.

Young man taking photo, pointing camera towards the viewer.

Mental capacity in practice: Consent to be photographed

In everyday healthcare practice we are directed by legislation and best practice guidance to gain informed consent for medical interventions, care plans and, broadly speaking, any professional interaction. This includes consent to be photographed, which in years gone by would have included use on medication charts (MARS sheets), care plans and care provider notice boards. In more recent years, it also includes the use of photos shared on social media, email and messaging services such as WhatsApp.