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.Read More »What is ‘understanding’?
The Mental Capacity Act (2005) exists to protect vulnerable individuals who may lack capacity to make a specific decision at a specific time. It ensures that any decision that is made on their behalf is made in their Best Interest, and is the Least Restrictive Option.Read More »Five key principles of the Mental Capacity Act
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).Read More »New Mental Capacity webinars for 2022
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.Read More »Supporting capacity with augmentative communication aids
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.Read More »Free resources for the Mental Capacity Act
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.Read More »Communication to support capacity
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.Read More »DoLS delays: Impact on practice
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.Read More »Patient dies as NHS Trust fails to comply with the MCA
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 »Advanced Decisions and Lasting Power of Attorney
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.Read More »Proportionate placement