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Decisions, decisions – establishing a legal framework around decision making
- Authors:
- ELSMORE Susan, PICTON Alison
- Journal article citation:
- Community Living, 23(2), 2009, pp.20-23.
- Publisher:
- Hexagon Publishing
The first of two articles by SCIE staff on the Mental Capacity Act 2007 (MCA), this is an overview of key provisions relating to the practice of health and social care, by staff and unpaid carers, with people who have learning disabilities. Previously, there was no dedicated legislation on mental capacity in England and Wales and dependence on good practice and common law led to inconsistencies. MCA safeguards decision making by defining a legal framework which empowers people to make their own decisions, while people who lack capacity are protected by the framework’s flexibility to place them at the heart of decision making, managed by others. Equally important is MCA’s emphasis on planning ahead for when an individual might lack capacity, thereby ensuring their decision is honoured in the future. A lack of capacity can be caused by, stroke or brain injury, mental health problems, dementia, learning disabilities, substance misuse and confusion, drowsiness or unconsciousness because of an illness or it’s treatment. Five key principles of MCA, a two-stage functional test of capacity, ‘best interests’, new roles, bodies and powers such as LPAs (lasting powers of attorney), the Court of Protection and Deputies and the new criminal offence that is the wilful neglect or ill treatment of a person who lacks capacity and three case studies illustrating good practice within MCA are described.
Power in the community: how community groups can achieve their goals
- Author:
- BRIGHT Andrew
- Journal article citation:
- Community Living, 16(4), 2003, pp.13-15.
- Publisher:
- Hexagon Publishing
Reports on the Elfrida Society's Community Development Project which, three years on, is showing what community groups can achieve with careful support and mentoring. The project has worked with people with learning difficulties to establish their own community groups, some of which have become community enterprises.
Planning an advocacy service
- Author:
- POPE Julie Stevens
- Journal article citation:
- Community Living, 15(3), 2002, pp.11-12.
- Publisher:
- Hexagon Publishing
Provides an account of putting together a service specification for an advocacy services for people with learning difficulties. Provides an account of the work that was undertaken, the outcomes and the achievements. The project demonstrates how service users can work alongside professionals and play a significant role in the development of services.
What's in a label?
- Author:
- GOODLEY Dan
- Journal article citation:
- Community Living, 15(3), 2002, pp.2-5.
- Publisher:
- Hexagon Publishing
Discusses the use of labels in the self-advocacy movement.
Is what you need what you really want?
- Author:
- STEVENS Simon
- Journal article citation:
- Community Living, 15(3), 2002, pp.9-10.
- Publisher:
- Hexagon Publishing
Need is good and want is bad is the first lesson of care manager, says the author. But when it comes to the supply of personal care products, shouldn't disabled people be involved in choosing them? However argues that disabled people should be involved in choosing their own personal care products.
Where is the support for self-determination?
- Author:
- ASPIS Simone
- Journal article citation:
- Community Living, 14(4), April 2001, pp.ii-iii.
- Publisher:
- Hexagon Publishing
Argues that support for self-determination, rather than providing services decided by others, would be the best way of reducing the poverty and exclusion of people with learning difficulties. Argues that the White Paper does not address this issue.
Let's look outside the service system to give people a real choice
- Author:
- HANMAN David
- Journal article citation:
- Community Living, 14(3), January 2001, pp.12-13.
- Publisher:
- Hexagon Publishing
This article has been influenced by a recent discussion about Essential Lifestyle Planning (ELP) and specifically what to do when service users "don't want what we are selling" or what they want is "unrealistic".
Moving on with Direct Payments
- Author:
- HARBRIDGE Elinor
- Journal article citation:
- Community Living, 13(2), October 1999, pp.16-17.
- Publisher:
- Hexagon Publishing
The project manager of Swindon People First presents her views on Direct Payment schemes for people with learning difficulties, and argues it is the best way of helping people move on.
Challenging the system
- Author:
- SCHWABENLAND Christina
- Journal article citation:
- Community Living, 12(4), April 1999, pp.12-13.
- Publisher:
- Hexagon Publishing
Argues that if people are to have real power in the voluntary organisations and get the services and activities they want, there has to be a move from community development to a community work approach and the existing system needs to be challenged.
Good housing schemes show what people and services can do
- Author:
- HOLMAN Andrew
- Journal article citation:
- Community Living, 12(2), October 1998, pp.15-16.
- Publisher:
- Hexagon Publishing
Looks at recent service reviews of two housing schemes which combine elements of supported housing and life sharing and give tenants a high level of satisfaction for surprisingly little cost.