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Least Restrictive Option

Supporting capacity: woman being pushed in wheelchair, looking at the sun

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

Isolation and seclusion: old man looking out a window

Covid ‘isolation’ or seclusion: Are we in breach of Human Rights?

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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.

Elderly couple sat together looking out to sea

Least restrictive practice: What does the Mental Capacity Act say?

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.