The MCA says a person is unable to make a decision if they cannot do one or more of these things: • Understand the information relevant to the decision • Retain the information for long enough to make the decision • Use or weigh up that information as part of the process of making the decision • Communicate their decision in any way
Complaining effectively to reach a satisfactory outcome;
• Make notes of the issue concerning you and be sure to record relevant dates, times and name. • Whilst it can be stressful and worrying raising a complaint, always try and remain calm, professional and objective. • If your complaint relates to a specific charity, please contact its Head Office or alternatively you can speak to the Charity Commission, the charity sectors governing body on 0300 066 9197 • To raise an issue or make a complaint within; the NHS please search for and contact the
Is the decision in their best interests?
Patient Advice and Liaison Service in the first instance. • For Kettering General Hospital call 01536 492173 • For Northampton General Hospital call 01604 545784 • For Northamptonshire Health NHS Foundation Trust call 0800 448 0828 • Adult/Children’s Social care please contact
If someone lacks the capacity to make a decision and the decision needs to be made for them, the MCA states the decision must be made in their best interests.
The MCA sets out a checklist to consider what’s in a person’s best interests.
• North Northamptonshire Council on 0300 126 3000 • West Northamptonshire Council on 0300 126 7000 Mental Capacity Act The Mental Capacity Act (MCA) is designed to protect and empower people aged 16 and over who may lack the mental capacity to make their own decisions about their care and treatment. It covers decisions about day-to-day things like what to wear or what to buy for the weekly shop, or serious life-changing decisions like whether to move into a care home or have major surgery.
It says you should:
• Encourage participation- do whatever is possible to permit or encourage the person to take part • Identify all relevant circumstances- try to identify the things the person lacking capacity would take into account if they were making the decision themselves • Find out the person’s views – including their past and present wishes and feelings, and any beliefs or values • Avoid discrimination – do not make assumptions on the basis of age, appearance, condition or behaviour • Assess whether the person might regain capacity – if they might, could the decision be postponed?
It is also vital to consult with others for their views about the person’s best interests e.g.
Examples of people who may lack capacity include those with:
• Anyone previously named by the person • Any Carers • Close relatives and friends • Any attorney appointed under a Lasting power of attorney • Any deputy appointed by the Court of Protection Deprivation of Liberty In certain cases, the restrictions placed upon a person who lacks capacity may amount to “deprivation of liberty”. This must be judged on a case – by – case basis. Where it appears a deprivation of liberty might happen, the care provider (usually a hospital or care home) has to apply to their local authority. They will then arrange assessments of the person’s care and treatment to decide if the deprivation of liberty is in the best interests of the individual
• Dementia • A severe learning disability • A brain injury • A mental health condition • A stroke • Unconsciousness caused by an anaesthetic or a sudden accident
How is mental capacity assessed?
The MCA sets out a 2-stage test of capacity: 1. Does the person have an impairment of their mind or brain, whether as a result of an illness, or external factors such as alcohol or drug abuse? 2. Does the impairment mean the person is unable to make a specific decision when they need to? People can lack capacity to make some decisions but have capacity to make others. Mental capacity can also fluctuate with time- someone may lack capacity at one point in time but may be able to make the same decision at a later point in time.
concerned. If so, the local authority will grant a legal authorisation. If not the care and treatment package must be changed, and the person cannot be deprived of their liberty. If you suspect a deprivation of liberty may happen, talk to the care provider or the local authority.
Where appropriate people should be allowed the time to make decisions themselves.
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