CCG Headquarters, 1 Guildhall Square, Portsmouth PO1 2GJ
What is the Mental Capacity Act 2005?
The Mental Capacity Act provides a statutory structured framework for personal welfare, healthcare and financial decisions. This enables people to make as many decisions for themselves as possible and set out their wishes in advance.
The Act applies whenever a decision needs to be made on behalf of a person who lacks capacity, including any assessment of the need for treatment, services or support.
Why do you need to know about the Mental Capacity Act 2005?
The Act clarifies:
What is mental capacity?
The legal definition states that a person lacks capacity if they have an impairment or disorder of the mind, brain and cannot do one or more of the four things listed below:
The five principles are:
What do you do if someone lacks capacity to make the decision?
What are best interest’s decisions?
Independent Mental Capacity Advocates (IMCAs)
If someone lacking capacity is facing decisions about medical treatment or changes in accommodation and are unbefriended, there is support available. An IMCA can help them and offer guidance to the decision maker.
Deprivation of Liberty Safeguards (2009)
The DoLS legislation came into force in 2009 and provides protection for vulnerable people who are accommodated in hospitals or care homes in circumstances that amount to a deprivation of their liberty and who lack the capacity to consent to the care and treatment they need.
These safeguards protect people who are unable to make decisions for themselves. This may be because of conditions such as:
On 19th March, the Supreme Court published its judgment in the case of P v Cheshire West and Chester Council and P and Q v Surrey County Council, which sets a clear test for deprivation of liberty. The court ruled that a person is deprived of liberty if they are:
The Supreme Court advised that a deprivation of liberty can take place in a ‘domestic’ setting where the State is responsible for imposing the arrangements. This means that placements of people to foster care, supportive housing and community based living must be authorised by the Court of Protection if they are, or are likely to be, a deprivation of liberty. Regular, independent reviews of placements to ensure that restrictions are still in the best interests of the service-user are also required.
If you are concerned about somebody and think there should be a DoLS authorisation in place, then contact Portsmouth City Council on 02392 688666
Powered by Sitekit