In today’s reflection on the proposed updates to the Mental Capacity Act’s Code of Practice, we consider the protection that the Act provides. This is the overarching protection both for the individual, as well as those supporting them including friends, family and professional staff at all levels.
Read More »Reflecting on changes to the MCA Code of Practice (Part 5)
In the fourth part of our blog series on the proposed changes to the MCA Code of Practice, we look at Chapter 4, and the process for assessing capacity.
Read More »Reflecting on changes to the MCA Code of Practice (Part 4)
In the third part of our series on the MCA Code of Practice consultation, we look at executive functioning impairment and fluctuating capacity.
Read More »Reflecting on changes to the MCA Code of Practice (Part 3)
When assessing someone for their capacity to make a specific decision, it is important that they are able to demonstrate that they can sufficiently ‘weigh up’ the decision and so form a reasoned judgement – whether we agree with their final decision or not.
Read More »What is ‘weighing up’?
In the final part of a three-part blog series, Case Manager and Independent Best Interest Assessor Eleanor Tallon shares her thoughts on the forthcoming changes to LPS and how it might work on a practical level.
Read More »Thoughts on LPS in practice
In the second of our blog series on the MCA Code of Practice consultation, we look at Chapters 2 and 3, including the five statutory principles and how to support people to make their own decisions.
Read More »Reflecting on changes to the MCA Code of Practice (Part 2)
In the second part of a three-part blog series, Case Manager and Independent Best Interest Assessor Eleanor Tallon shares her thoughts on the forthcoming changes to LPS and the implications for practice.
Read More »Unanswered questions from the LPS
In the first of a three-part blog series, Case Manager and Independent Best Interest Assessor Eleanor Tallon shares her thoughts on DoLS reform, and some of the issues leading to its replacement with the forthcoming Liberty Protection Safeguards (LPS).
Read More »DoLS: A case for reform
When it comes to Mental Capacity Assessments, ‘retention’ refers to an individual’s ability to recollect relevant information relating to a specific decision. However, in assessing for retention, it is also important to take into account the second principle of the Mental Capacity Act, which states that we should actively support capacity wherever possible. Therefore, as assessors, we should provide sufficient support to enable retention where possible – be it through labelled items, social stories, easy read guides or so on.
Read More »What is retention?
The UK Government has launched an open consultation around changes to the MCA Code of Practice and implementation of the LPS. The consultation document is available for anyone to access and can be downloaded in a number of different formats, including a draft version of the new Code. Professionals are encouraged to read the document(s) as appropriate and feedback via online forms. There is no requirement to study the complete set of proposals in order to take part.
Read More »Reflecting on changes to the MCA Code of Practice (Part 1)