The Mental Capacity Act Presented by Jane Appleby, Patient Experience and Safeguarding Manager, NHS England East Midlands SCN

Mental Capacity Act The Mental Capacity Act 2005 is based on five principles: To assume a person has capacity to make decisions concerning their life and treatment unless proved otherwise Not to treat people as incapable of making a decision unless you have tried all you can to help them Not to treat someone as incapable of making a decision because their decision may seem unwise Not to do things or take decisions for people without capacity unless it is in their best interests Before doing something to someone or making a decision on their behalf, you must consider whether you could achieve the outcome in a less restrictive way

Deprivation of Liberty Safeguards Deprivation of Liberty Safeguards April 2009 Those lacking capacity to give informed consent to their care where the nature of the care could be depriving them of their liberty They must be over 18 They must be cared for in a hospital or care home (Care Standards Act) The purpose of the Deprivation of Liberty Safeguards is to: Prevent arbitrary decisions that deprive vulnerable people of their liberty Protect service users and if they need to be deprived of their liberty, give them representation, rights of appeal and for the authorisation to be monitored and reviewed A major part of preventing DoL is minimizing any restraint. Restraint must be appropriate, proportionate and in the patient’s best interests. Deprivation of liberty must be authorised via a legal procedure

Mental Capacity Act NHS Contract states that: CCGs must have a Safeguarding Lead and an MCA Lead Must ensure providers comply with MCA Local Authorities are the supervising authority

Mental Capacity Act DH made available £10.3m to fund an implementation programme focussed on development of regional networks Following Select Committee further funding available to NHS England

Mental Capacity Act National Steering Group set up and membership includes NHS England, DH, Ministry of Justice, Social Care, Medical Professional bodies and employers NHS England undertook a scoping exercise

Mental Capacity Act MCA funding sits within the Nursing Directorate under safeguarding to drive up the quality and delivery of services for patients who lack mental capacity and may need to have their deprivation of liberty safeguarded Leadership, understanding needs, giving support, Nursing model 6 Cs