Mental Capacity Act (2005)

Mental capacity assessment: female professional assessing elderly gentleman

Reflecting on changes to the MCA Code of Practice (Part 1)

11 April 202212 April 2022
Comment

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.

Consent to treatment: patient preparing for an MRI scan

Using LEGO to support capacity and enable informed consent

4 April 20226 June 2022
Comment

LEGO has launched a new kit designed to help ease children’s anxieties around using an MRI scanner. This fantastic toy helps bridge the gap in understanding around what is going to happen, putting the process of an MRI scan in terms that a child can understand, facilitating their comprehension and thereby reducing anxiety around the whole process.

Insight and understanding: Elderly woman smiling as she looks into the distance

What is ‘understanding’?

28 March 202214 March 2022
Mental Capacity in Practice

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.

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

Five key principles of the Mental Capacity Act

21 March 202210 October 2022
Mental Capacity in Practice

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

Mental Capacity: Elderly lady watching video supported by nurse in mask.

New Mental Capacity webinars for 2022

19 March 202219 March 2022
Events

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).

Supporting capacity with augmentative communication aids

14 March 202210 October 2022
Comment, Mental Capacity in Practice

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.

Elderly couple sat together looking out to sea

Free resources for the Mental Capacity Act

7 March 202215 August 2022
Mental Capacity in Practice

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.

Communication is key: elderly couple sitting in the garden enjoying the sunshine

Communication to support capacity

21 February 202221 February 2022
Mental Capacity in Practice

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.

DoLS delays: stack of files waiting to be processed

DoLS delays: Impact on practice

10 February 202210 February 2022
Comment, News

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.

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.

« Previous
1
…
6
7
8
9
Next »