Mental Capacity Act 2005 The MCA says that a person is unable to make a particular decision if they cannot do one or more of the following four things: understand information given to them retain that information long enough to be able to make the decision weigh up the information available to make the decision communicate their decision.

We might all have problems making decisions from time to time, maybe due to illness, tiredness or indecision. The MCA is designed to go beyond these types of situations. It is designed specifically to empower and protect an individual who is unable to make a decision because of the way their mind or brain works is affected.

Why might a person lack capacity? • a stroke or brain injury • a mental health problem • dementia • a learning disability • confusion, drowsiness or unconsciousness • substance misuse

Policies and Practices Guidelines Legislation Best Practice Principles Safeguards Reports Actions

Can you name any? Mental Capacity Act Human Rights Act Older Peoples National Service Framework Community Care Act Mental Health Act Deprivation of Liberty Safeguards Dignity in Care Dementia Challenge

Care Quality Commission (CQC) Social Care institute for Excellence (SCIE) National Institute for Health & Clinical Excellence (NICE) Centre for Workforce Intelligence (Integrated care for older people)

Mental Capacity Act explained. http://www.youtube.com/watch?v=sqUhtA8sCwk

The five statutory principles of the MCA 2005 Presumption of capacity Individuals must be supported to make their own decisions Unwise decisions Best Interest Less restrictive option

Professional Judgement - Based on the Five Principles 1. A Presumption of Capacity: Every adult has the right to make their own decisions and must be assumed to have capacity to do so unless it is Proved otherwise in respect of each specific decision.

2. Individuals must be supported whenever possible to make their own decisions: A person must be given all practicable help before anyone treats them as not being able to make their own decisions.

3. Unwise decisions: Just because an individual makes an unwise decision, they should not be treated as lacking capacity to make that decision.

4. Best Interests: An act done or decision made under the MCA for or on behalf of a person who lacks capacity must be done in that person’s best interest.

5. Less restrictive option: The person acting on behalf of an individual who lacks capacity should consider all possible options that are less restrictive of their basic rights and freedoms.

The film portrays Raymond, a man in his 80s and recently diagnosed with dementia, and Wendy his paid care worker. The setting is Raymond's flat. Wendy visits daily to provide Raymond with practical support to manage at home. The context of the drama is whether Raymond has capacity to make a decision about spending 50 pounds on lottery tickets. http://www.scie.org.uk/socialcaretv/video-player.asp?guid=EE0C0EB4-51CC-4486-9ADD-3BFB8C2FD214

Which principles were being observed? 2, Wendy took all possible steps to discourage Raymond not to spend £50 on the Lottery 3, Wendy eventually respected his right to decide to spend his money how he wanted to 5, Wendy was not overly controlling or restrictive More importantly all the information was recorded in Raymond’s notes.

Case Study - Derek From the information you have about Derek you should examine the following: Case History Dilemma Risk Factor

The Social Worker’s assessment of Derek What points need to be considered? Work in groups list as many points as you can think of and feedback…. (10 minutes)

Balance risk, needs and resources to plan person-centred interventions Balance risk, needs and resources to plan person-centred interventions. Planning and intervention is a core social work task. It requires a solid grasp of different social work methods and an awareness of feelings, emotional responses and patterns of interaction. Adult social care planning should be person-centred with clear goals, based upon an individual’s needs and wishes. Interventions should be timely and use specialist and universal services.