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Government proposals to close the Bournewood gap
- Authors:
- CURRAN Christopher, GRIMSHAW Catherine, DEERY Anthony
- Journal article citation:
- Openmind, 142, November/December 2006, pp.24-25.
- Publisher:
- MIND
The authors explain the government's proposals to address some of the issues required to close the 'Bournewood Gap'. The safeguards are for people who lack capacity and are deprived of their liberty but do not receive mental health legislation safeguards. The principles of the Mental Capacity Act will apply, including the requirement to act in the best interests of the incapacitated person and in the least restrictive manner.
Housing with capacity: the Mental Capacity Act explained
- Author:
- WILLIAMSON Toby
- Journal article citation:
- Housing Care and Support, 9(4), December 2006, pp.13-19.
- Publisher:
- Emerald
The Mental Capacity Act 2005 comes into effect in England and Wales 2007. The Act contains principles, procedures and safeguard to empower people to make decision for themselves wherever possible, but also to ensure that decision made on their behalf if they lack the mental capacity to make decision themselves are done in their best interests. The Act will apply to anyone working in the supported housing field or residential care where residents may lack the capacity to make decisions as a result of illness, injury or disability. This article gives an overview of the Mental Capacity Act and its relevance to the field of supported housing.
Choosing methods in mental health research: mental health research from theory to practice
- Editors:
- SLADE Mike, PRIEBE Stefan, (eds.)
- Publisher:
- Routledge
- Publication year:
- 2006
- Pagination:
- 298p., bibliog.
- Place of publication:
- London
This book is concerned with how to choose the most appropriate mental health research method, not only to address a specific question, but to maximize the potential impact on shaping mental health care. The editors focus attention on the types of audience that the researcher is seeking to influence, the types of evidence each audience accepts as valid, and the relative strengths and limitations of each type of methodology. A range of research methodologies are described and critically appraised, and the use of evidence by different groups is discussed. This produces some important findings about the interplay between research production and consumption, and highlights directions for future mental health research theory and practice. The findings presented here will be relevant to mental health service users and professionals who use research evidence to inform decision-making.
Age Concern's response to the Department for Constitutional Affairs consultation on Court of Protection and Office of the Public Guardian fees
- Author:
- AGE CONCERN
- Publisher:
- Age Concern
- Publication year:
- 2006
- Pagination:
- 3p.
- Place of publication:
- London
The Mental Capacity Act 2005 received Royal Assent on 7 April 2005. The Department for Constitutional Affairs (DCA), the Department of Health and the Welsh Assembly Government are working together to implement the Act in April 2007. The Act establishes a new specialist court, to be known as the Court of Protection, with a new jurisdiction to deal with decision-making for adults who lack mental capacity. The Act also establishes a new statutory office holder, the Public Guardian, with a range of statutory functions set out at Section 58 of the Act. From April 2007, he will be supported by the Office of the Public Guardian, an executive agency of the DCA, and the Public Guardianship Office will cease to exist. The new Court of Protection and the new statutory office of Public Guardian will have a different approach from their predecessors. This will have advantages for those who use their services. Judges will decide all new matters which come before the new Court from April 2007. Where the court orders that a deputy is appointed for a person who lacks capacity, a new approach to supervision is proposed. Customer service will be improved with a dedicated customer service team to answer queries and provide information about the new Court, the new Public Guardian and the new Act. The DCA has developed a new fee regime which will be simpler and more transparent to customers in terms of the fees that they will be charged. Fee exemptions and remissions will ensure that access to justice is protected for those who are unable to pay. This consultation paper seeks views on the proposals for this new fee regime. The paper looks at 4 areas of the proposed fees to be charged by the Court of Protection and Office of the Public Guardian in turn: registration of Enduring and Lasting Powers of attorney and register searches; the Court Reporting Service; fees in respect of the Court of Protection; and fees relating to deputies and their supervision.
Guide to the Mental Capacity Act 2005: Part 1
- Authors:
- CURRAN Christopher, GRIMSHAW Catherine
- Journal article citation:
- Openmind, 138, March/April 2006, pp.24-25.
- Publisher:
- MIND
This article provides an overview of the Mental Capacity Act which received Royal Assent on 7 April 2005. It covers England and Wales, and provides a statutory framework for decision-making on behalf of adults who cannot take decisions for themselves because of incapacity, either temporary or permanent. It also provides guidance for adults who wish to plan for the future in event that they lose their capacity to act.
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.