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The use of the Mental Capacity Act among hospital patients: findings from a case study of one Acute Hospital Trust in England
- Authors:
- PHAIR Lynne, MANTHORPE Jill
- Journal article citation:
- Journal of Adult Protection, 14(6), 2012, pp.259-270.
- Publisher:
- Emerald
This paper presents findings from a review of hospital policies and practices in one NHS Trust in England. The focus of the review was hospital staff policy and practice in safeguarding the rights of vulnerable patients. A sample of 42 staff members was surveyed to investigate their knowledge of the Mental Capacity Act 2005 in 2010. Analysis revealed limited confidence and knowledge about the Mental Capacity Act 2005 and uncertainties about its relevance to clinical practice. In relation to safeguarding, there was limited realisation of the potential of the Act to uphold the rights of patients lacking capacity and staff responsibilities. MCA training had not made a great impression; hospital policies were inconsistent and lacked coherence. The authors concluded that the findings of this case study may be applicable to other hospitals and to other providers of health and social care services. The relevance of the MCA could be highlighted and used on several induction and training programmes. The study identifies features of policy and practice that could be investigated in other organisations.
Care professionals' understanding of the new criminal offences created by the Mental Capacity Act 2005
- Authors:
- MANTHORPE Jill, SAMSI Kritika
- Journal article citation:
- International Journal of Geriatric Psychiatry, 30(4), 2015, pp.384-392.
- Publisher:
- Wiley
Objectives: Implemented in 2007, the Mental Capacity Act (MCA) 2005 codified decision-making for adults unable to make decisions for themselves in England and Wales. Among other changes, two new offences of wilful neglect and ill-treatment were created under Section 44. This study explored how the MCA was being implemented in community-based dementia care, focusing on frontline practice. Method: Using qualitative longitudinal methodology, the authors interviewed 279 practitioners, in the London and South-East area of England, two or three times over 3 years. A framework analysis to identify and delineate recurrent themes was applied. Results: Views of the new offences were positive overall, but understanding ranged from partial to non-existent among some participants. Conclusions: Clinicians may be increasingly called upon to provide advice on whether an alleged victim or perpetrator lacks decision-making capacity in cases of suspected elder abuse. They need to be aware of the new criminal offences to ensure that people with dementia, among others, are not abused and that abusers are brought to account. (Edited publisher abstract)
'Early days': knowledge and use of the Mental Capacity Act 2005 by care home managers and staff
- Authors:
- MANTHORPE Jill, et al
- Journal article citation:
- Dementia: the International Journal of Social Research and Practice, 10(3), August 2011, pp.283-298.
- Publisher:
- Sage
The Mental Capacity Act was fully implemented in England and Wales in October 2007. This article reports on findings from 32 exploratory interviews with care home managers and staff regarding their knowledge and use of the Act, in research carried out as part of a five-year study of the impact of the Act. The focus is on aspects relevant to care home practice and policy for residents with dementia. Using semi structured interviews, the research was conducted within one care home chain in southern England, run by a not-for-profit provider. Interviews took place with 17 senior staff and 15 care workers during 2008 in 5 care homes for people with dementia. The article discusses the findings, with examples from the interviews, using 3 main themes: level of awareness and training received, understanding of the ethos and provisions of the Act, and implementation of the Act in practice. The authors report that there was huge variation in participants' understanding of the Act and perceptions of its impact on their work, although, regardless of knowledge of the Act, the daily working ethos of staff appeared to be within its remit. Most of the managers had heard of the Act, but also reported a low level of confidence in their knowledge of it; only 4 of the 15 care workers had heard of the Act and none had received any specific training in it.
Implementing the Mental Capacity Act 2005: challenges for commissioners
- Authors:
- MANTHORPE Jill, SAMSI Kritika
- Journal article citation:
- Journal of Integrated Care, 17(3), June 2009, pp.39-47.
- Publisher:
- Emerald
Local authorities and primary care trusts receive regular instructions to put new legislation into practice, and to ensure appropriate training. This article takes the implementation of the Mental Capacity Act as a case study of how commissioners are involved in such changes, and reports on two models. The MCA is an example of the gains that can be made if commissioners think about implementation across agencies, and between public and private sectors.
'As people get to know it more': experiences and expectations of the Mental Capacity Act 2005 amongst local information, advice and advocacy services
- Authors:
- SAMSI Kritika, MANTHORPE Jill, RAPAPORT Phillip
- Journal article citation:
- Social Policy and Society, 10(1), January 2011, pp.41-54.
- Publisher:
- Cambridge University Press
This paper is about the level of working knowledge of the Mental Capacity Act 2005 (MCA) possessed by people who work within local information, advice and advocacy agencies and who provide services to older people in their communities in England. It presents the 5 statutory working principles of MCA and quotes verbatim 3 of its key extracts with regard to powers of attorney, independent mental capacity advocates and advance decisions. The data presented here were collected from interviews conducted for a larger research programme, involving practitioner experiences regarding the implementation of MCA. It focuses on a North London branch of Age Concern and 10 of their managers, officers and workers’ provision of advice to older people regarding advance decision making, should mental capacity become impaired in the future. Knowledge and experience of MCA varied, and the authors quote some comments by way of illustration. There was a lack of confidence in providing detailed advice, and additional training and skills development is called for in order to maximise the benefits of MCA, increase expertise and differentiate more clearly between the information, advice and advocacy given by those in different organisational roles. The topic of legal literacy amongst adults is visited.