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Brief guide to the Mental Capacity Act 2005: implications for people with learning disabilities
- Authors:
- HARDIE Elaine, BROOKS Liz
- Publisher:
- British Institute of Learning Disabilities
- Publication year:
- 2009
- Pagination:
- 43
- Place of publication:
- Kidderminster
This guide is for those who work with people who have a learning disability and will also be of use to parents and carers, friends and advocates. It aims to: explain the key points of the Mental Capacity Act 2005; explain what some of the choices and decisions might be; help carers support someone with a learning disability to plan ahead and talk about their future. Case studies are used to demonstrate key points of the act and how it might be applied in real life situations. (Edited publisher abstract)
Mental Capacity Act 2005: post-legislative scrutiny: report of session 2013–14
- Author:
- GREAT BRITAIN. Parliament. House of Lords. Committee on the Mental Health Act 2005
- Publisher:
- Stationery Office
- Publication year:
- 2014
- Pagination:
- 143
- Place of publication:
- London
The Committee’s key finding in this evidence-led inquiry is that the Mental Capacity Act 2005 is not widely implemented. To address this, the Committee recommends that responsibility for implementing the Act be given to an independent body. The Committee’s second key finding is that the Deprivation of Liberty Safeguards are not fit for purpose. The Committee recommends that they be replaced with new provisions. This report considers: whether the Act is working as intended in respect of the Act’s five core principles; how to address poor implementation of the Act; advocacy and advance planning; whether the Court of Protection is appropriate (or should there be a Mental Capacity Tribunal instead); and criminal law provisions under Section 44 of the Act. It summarises and refers to cases of unlawful detention under the Act (Steven Neary), and the deprivation of liberty of an autistic man with a profound learning disability, HL at Bournewood Hospital for 32 years. It includes as a good practice example, the work by Jim Blair, a learning disability nurse consultant who explained adjustments made for effective treatment and outcomes for adults with learning disabilities appropriate to their needs. The Committee makes recommendations to Government to: work with regulators and professional bodies to ensure the Act is given a higher profile in training, standard setting and inspections; increase staff resources at the Court of Protection to speed up handling of non-controversial cases; and reconsider the provision of non-means tested legal aid to those who lack capacity, especially in cases of deprivation of liberty. Local authorities should use their discretionary powers to appoint Independent Mental Capacity Advocates more widely than is currently the case. The Government should act on the poor levels of awareness and understanding of Lasting Powers of Attorney and advance decisions to refuse treatment among professionals in the health and social care sectors. The Government should also review the criminal law provision for ill-treatment or neglect of a person lacking capacity, to ensure that the Act is fit for purpose. The Committee recommends that the House of Lords seek an update from the Government twelve months from now to find out what they have done in response to their key recommendations. An easy read version is also available. (Edited publisher abstract)
Working with the Mental Capacity Act 2005
- Authors:
- RICHARDS Steven, MUGHAL Aasya F.
- Publisher:
- Matrix Training Associates
- Publication year:
- 2006
- Pagination:
- 44p.
- Place of publication:
- North Waltham
The Mental Capacity Act 2005 provides for the first time, a statutory framework for assessing whether a person has capacity to make decisions and defines how others can make decisions on their behalf. Its scope is wide-ranging involving decisions regarding personal welfare (care and treatment) and financial affairs. Statutory and non-statutory organisations providing health and social care for people who lack capacity will have to ensure that their policies and procedures comply with the Act from April 2007. This book provides a detailed explanation of the new law and its implications for working practice. It is written in an accessible style and is designed to be of maximum use to health and social care professionals so they feel confident using the Act in daily practice.
Easy read summary on the Mental Capacity Act code of practice
- Author:
- GREAT BRITAIN. Department for Constitutional Affairs
- Publisher:
- Great Britain. Department for Constitutional Affairs
- Publication year:
- 2006
- Pagination:
- 46p.
- Place of publication:
- London
This consultation paper invites comments on style and content from all interested parties on the draft Code of Practice for the Mental Capacity Act 2005. It provides questions on each of the 15 chapters so that responses may be tailored to areas of interest, as well as an overall question that provides for more general comments.
Draft court rules: Mental Capacity Act 2005: Court of Protection rules: consultation paper
- Author:
- GREAT BRITAIN. Department for Constitutional Affairs
- Publisher:
- Great Britain. Department for Constitutional Affairs
- Publication year:
- 2006
- Pagination:
- 63p.
- Place of publication:
- London
This consultation paper seeks views and comments on the provisions of the draft rules of court that will govern proceedings before the new Court of Protection. It also seeks general comments as to the framework that the draft rules provide and on the individual rules.
Everyday decisions project report: supporting legal capacity through care, support and empowerment
- Authors:
- HARDING Rosie, TASCIOGLU Ezgi
- Publisher:
- University of Birmingham. Birmingham Law School
- Publication year:
- 2017
- Pagination:
- 48
- Place of publication:
- Birmingham
This research explores how people with intellectual disabilities make everyday decisions and how care professionals support them when they do. It covers making decisions in about everyday choices such as food and clothing, life choices like housing, education and employment, and difficult choices like financial, medical and legal decisions. It also looks at making relationship and friendship choices. A total of 46 participants across England and Wales took part in interviews: 15 people with learning disabilities who were supported by 6 supporters, and 25 social care professional. The results found examples of good practice across all levels of care and support services. Support around decision making for day-to-day activities, such as food and clothing, and life choices such as education were generally good. However, there were much lower levels of support around making difficult decisions, especially those related to legal issues such as wills, advance decisions and power of attorney. The study found that whilst care professionals involved in the study were familiar with the Mental Capacity Act 2005, few were aware of the UN Convention on the Rights of Persons with Disabilities. The report finds that whilst there is general awareness of the basics of the Mental Capacity Act, there is scope for ongoing training for frontline care staff about the importance of supporting decision-making under the MCA as a way of supporting legal capacity. It makes a number of recommendations to improve decision making support for people with learning disabilities. (Edited publisher abstract)