Mental Capacity Act Development Group
The Professional Practice Board Mental Capacity Act Development Group has set up this webpage to provide a central resource for information on the Mental Capacity Act and any related developments.
Audit Tool for Mental Capacity - NEW for 2010
Audit Tool for Mental Capacity Assessments
The British Psychological Society has published a new audit tool for Mental Capacity Assessments of Capacity.
The Mental Capacity Act came into force in 2006, providing a statutory framework to empower and protect vulnerable people who are not able to make their own decisions. It covers people with dementia, learning disabilities, acquired brain injury and some mental health problems. The Act sets out clear principles and steps for assessing whether a person lacks capacity to take a particular decision at a particular time. No-one can be labelled ‘incapable’ as a result of a particular medical condition or diagnosis.
Guidance on the Act has been provided in a statutory Code of Practice (2007) (
http://bit.ly/bIr3a9) and the BPS has produced a document providing Guidance for Psychologists on the Assessment of Capacity.
In 2009, the Social Care Institute for Excellence (SCIE) requested bids for the development of tools for monitoring the implementation of the Act; the British Psychological Society, through the Professional Practice Board’s Mental Capacity Working Group, was successful in gaining funding. This tool has now been published and is available to download via
www.bps.org.uk/mca <
/mca> . Other commissioned measures can be found at
http://bit.ly/cFWzev.
Dr Catherine Dooley, Consultant Clinical Psychologist and project manager, said: ‘The Society’s audit tool is designed primarily for evaluating formal assessments of capacity likely to be carried out by applied psychologists, and other professional groups. It is explicit that this might represent the ‘gold standard’ to guide developing expertise, linking the standards to core references within the Act and Code of Conduct, providing some examples of good practise and ways of utilising the audit approach to enhance services generally.’
The audit tool has been endorsed by the Royal College of Psychiatry and College of Occupational Therapy. In her introduction to the document, Susan Elsmore, SCIE Mental Capacity Act Co-ordinator, wrote: ‘In use, the tool will assess compliance against the Act, but also provide benchmarks to test future provision. It builds on the earlier guidance published by the Society to promote awareness and good practice in the assessment of capacity in adults.’
Guidance
This guidance is for people who may have to participate in making decisions on behalf of people who lack the capacity to do so for themselves. This advice is aimed at staff working in health or social care such as doctors, nurses, psychologists, therapists, social workers, care home managers (and staff), families and advocates.
Following on from the Act and its Code of Practice was that researchers might be deterred from conducting research using people who lack capacity as participants,because of the additional requirements. This could deny people who might wish to take part in research projects from being included, going against the spirit of the Act and also potentially limiting fields of enquiry and development. This guidance helps to address these concerns by supplying practical advice and operational procedures.
These Society guidelines should be read as applicable to all psychologists working in health and social care. The guidelines are set out as a first attempt to provide clear guidance.
Mental Capacity Act 2005
A short reference guide for psychologists and psychiatrists in collaboration with the Royal College of Psychiatry and the Department of Health.
Mental Capacity Act Updates
http://www.publicguardian.gov.uk/forms/additional-publicationsa-newsletters.htm
MCA April 2010 Update
Latest News - November 2009
The Mental Capacity Act Deprivation of Liberty Safeguards
The Mental Capacity Act Deprivation of Liberty Safeguards (formerly known as the Bournewood Safeguards) were introduced into the Mental Capacity Act 2005 through the Mental Health Act 2007
Who can be a Best Interest Assessor and Training
Who can be a Mental Health Assessor and Training
The final versions of the MCA DOLS standard forms were published on Friday 27 February 2009 Department of Healthand here Department of Health
The Mental Capacity Act Deprivation of Liberty Safeguards Updates
The deprivation of liberty safeguards address the October 2004 European Convention on Human Rights ‘Bournewood’ judgement, which requires that people may only be deprived of their liberty through a process set out in law, with safeguards to prevent arbitrary detention and speedy access to a Court to review the detention, for more information please visit The NHS Confederation
Briefing on MCA Deprivation of Liberty Safeguards April 2010
January 2010 Update
MCA DOLS Newsletter April 2009
New registration system for monitoring quality and safety of care in NHS trusts.
View amended Mental Health Act and Mental Capacity Act
Mental Capacity Conference - From Theory to Practice: Dilemmas and Issues - Presentations
Bruce Gillmer Presentation
Case Study
Glynis Murphy presentation
Paul Gantley presentation
Mental Capacity Act 2005: Deprivation of liberty safeguards
NHS Briefing Report
July 2007 Amendments that update the Mental Health Act 1983 & The Mental Health Act 2005
Bournewood Regulations - Statement of Intent
Links
Link to the Department for Consitutional Affairs - Mental Capacity Act
View the Society Response to the Department of Constitutional Affairs consultation on the forms and guidance for the new Lasting Power of Attorney (LPA)
powerofattorney
View the Society Response to Welsh Assembly Government Consultation on the Mental Capacity Advocacy Service in Wales
IMCA Wales
If you would like more information on the work of this group or would like to join the MCA discussion forum please e-mail Nigel Atter.
Message from the President
Boards and Committees
