Mental Capacity in Practice

"What good looks like"

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Applying the Principles in Practice via Webinar

Published: Monday 04 January 2021

Briefings ** Applying The Principles in Practice ** Applying Principle 1 in Practice - 22nd January 13.30 - 16.00 Applying Principle 2 in Practice - 29th January 13.30 - 16.00 Applying Principle 3 in Practice Part 1 - 5th February 13.30 - 16.00 Applying Principle 3 in Practice Part 2 - 26th February 13.30 - 16.00 Undertaking a Mental Capacity Assessment - 5th March 13.30 - 16.00 Making a Best Interests Decision - 19th March 13.30 - 16.00 **To enquire about training, briefings or support, please contact me at enquiries@mmghealthandsocialcare.com**


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Course Content

Published: Monday 04 January 2021

** Some Course Content ** **Barriers** to implementation of the MCA (Podcast) What do the **SARs** tell us about MCA and What good looks like (Podcast) Suzy Braye Setting the **Context** (Quiz) **What Judges want to see** Principle 1 to Principle 5 (Video) (Alex Ruck Keene) ** Applying Principle 1 in practice ** Exercise **Applying Principle 2 in practice** - Practicable steps guide Melba Gomes - What 'Good' Looks like Gail Dee **Applying Principle 3 in practice** - Case discussion between practitioners (Video) - ** Inherent Jurisdiction** (Video) Alex Ruck Keene - Interview with a client living a **Chaotic Lifestyle** (Video) - Capacity/Unwise decisions/Risk Appraisal (Slides) Melba Gomes - Some ways to work with a person who is making unwise decisions (podcast) Melba Gomes - New Case Added -** Interface MHA/MCA/Care Act** **Principles 4 and 5 in practice** **Capacity Determinations** - What Judges want to see (Video) Alex Ruck Keene **Fluctuating Capacity** - What judges want to see (Video) Alex Ruck Keene **Mental Capacity Assessments and Best Interests Decision Making** **Arthur** Mental Capacity Assessment: Interview (Podcast) and Summing Up (Video)Steve Chamberlene **Linda**: Mental Capacity Assessment (Case study) and Summing Up (Video) Steve Chamberlene **Constance**: Mental Capacity Assessment: Interview (Video) and summing up (Video), also Contrasting Linda and Constance (Video) Steve Chamberlene Constance: Best interests (Video) Steve Chamberlene **Joan** Mental Capacity Assessment: Treatment: Interview (Video) and summing Up (Video) Steve Chamberlene Least Restrictions and **Proportionality** (case example) Melba Gomes


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About the Resource

Published: Monday 04 January 2021

Safeguarding Adult Reviews continue to tell us that compliance with the Mental Capacity Act needs to improve. I wanted to change that. I have known Alex Ruck Keene (a barrister) and Steve Chamberlain (an MCA/MHA expert) for nearly as long as the Act has been in force. In fact we met because of it. I have known Suzy Braye (a professor in social work), in her role as a SAR author. They are equally committed as I am to achieve change and they kindly agreed to contribute to this course, to bring about change. Employers have invested much resource into training staff. In spite of which the staff have mostly been unable to incorporate the learning into their day-to-day work. It seems that they need ongoing support when using the MCA in practice. This resource offers them the opportunity to dip into areas they need support with as and when they need it; as well, to use it as a training resource individually or in groups, team meetings and in supervision. This resource demonstrates the practical application of the principles and also the assessment and best interests process using a variety of media e.g. case scenarios, quiz, worked out examples, acted out scenes, podcasts and videos. In this programme, Alex talks about what judges want to see in relation to the principles. Suzy informs about the gaps in relation to the MCA that she has identified in carrying out Safeguarding Adult Reviews (SAR) and in research that she completed with Michael Preston-Shoot; she gives a good example of the use of MCA in a SAR. Steve provides an analysis of mental capacity and best interests in relation to cases. Gail Dee, a psychologist, outlines a good practice example where ‘practicable steps’ were taken to enable decision making with a person with learning disabilities. Melba Gomes has vast experience of working with people who present with complexities and focuses on 'unwise decision' making and proportionality. I see this resource as the 'go to' place for practitioners to support the application of the MCA to practice.


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Using the MCA effectively reduces distress for the person and stress for services

Published: Monday 04 January 2021

The MCA comes into play when a decision has to be made; after all, the first principle emphasises an **adult's right to make autonomous decisions**, a right that can only be infringed if it is **established** (by carrying out a capacity assessment) that the person lacks capacity, followed by a best interests decision based on S4 of the MCA. The MCA is not a stand alone legislation; it sits side by side with one's statutory duties, such as those under the Care Act , Mental health Act and also, ‘Consent to Treatment’. The Act places the person at the centre of decision-making; who they are, their choices, views, their wishes and feelings. These are important considerations in the decision to be made. Inevitably therefore an empathetic conversation has to take place with them. This enables relationship building, hearing them and working together with them to achieve their outcomes, and results in less distress for them, and fewer crises for services. Getting good at using the skills needed to apply the Principles of the MCA can also result in improved outcomes in other areas of work such as Person Centered Care Planning and Positive Risk Taking. Achieving compliance with the MCA now will reduce the impact felt by services when the Liberty Protection Safeguards have to be implemented where all health and social care staff will need to be well equipped with carrying out legally sound capacity assessments