Mental Capacity Act (2005)

Central Middlesex Hospital, part of London NW University Hospital Trust

Patient dies as NHS Trust fails to comply with the MCA

24 January 202210 October 2022
Case Study, Comment

On the 29^th 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 10^th 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.

Advance Decisions and Lasting Power of Attorney

30 December 202119 December 2025
Mental Capacity in Practice

The Mental Capacity Act (2005) provides two options to help us plan for the future and provide clear documented decisions in the case of deteriorating health.… Read More »Advance Decisions and Lasting Power of Attorney

Proportionate placement

29 November 202114 January 2022
Comment, Mental Capacity in Practice

We often hear the words least restrictive practice, which we often associate with physical or medical restraint. However, an often overlooked area of least restrictive practice is placement, which is more easily thought of as where someone lives and the restrictions placed upon them.

Elderly couple sat together looking out to sea

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

8 November 202130 January 2024
Comment, Mental Capacity in Practice

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.

« Previous
1
…
8
9
10