2 the Mental Capacity Act 2005

Reviewed April 2016

Policy version control sheet
Document Status / Current
Policy Number / 56
Version Number / V.1
Date of Policy / April 2017
Next review date / May 2018
Name of originator / Roz Simpson
Approved by / Nita Elull
Date of approval
Target Audience / Staff, parents and carers and placing authorities
Links to other policies / Safeguarding Policies (Adult)
Changes to previous version
Distribution
Intranet / Website / Email to managers
√ / √ / √
Unless this version has been taken directly from the 3 Dimensions website there is no assurance that this is the correct version.

Reviewed April 2016

1 Policy

1.1 This policy explains 3 Dimensions interpretation of the Code of Practice for the Mental Capacity Act 2005 and the Mental Capacity Act 2005 Depravation of Liberty Safeguards.

1.2 Under the Children and Families Act 2014 a child becomes a Young Person once they reach the end of compulsory school age.

2 The Mental Capacity Act 2005

2.1 The Mental Capacity Act is about making sure that people have the support they need to make as many decisions as possible. These decisions maybe big or small and include decisions like

· Whether to wear a coat on a cold day.

· Whether to have a boyfriend or girl friend

· Whether to let someone to look after your money

· Whether or not you need help with personal care

2.2 It is based on capacity to make decisions which depend on an individual being able to

· Understand information

· Remember it for long enough

· Think about the information

· Communicate their decision

2.3 3 Dimensions will always assume that people are able to make decisions unless it is shown that they are not. We will give individuals as much support as they need to make decisions.

2.4 Even if a decision may be considered unwise, like going out on a cold day without a coat, we need to find the least restrictive way of allowing choice and risk taking.

2.5 If someone is not able to make a particular decision we will only make decisions in the persons ‘Best Interest’ and in discussion with their family, carers and other professionals.

3 Consent and Mental Capacity

3.1 Consent for care, treatment or activities can be defined as

· Written

· Verbal

· Implied [ie voluntarily going along with a carer or holding out an arm for a bandage to be applied.

3.2 Whatever the form of consent it has to be considered in the light of mental capacity

3.3 Every day we may need to make decisions for an individual who lacks capacity about their care that does not involve a formal authority to act and may be cared out without formal consent. Such decisions are permissible under Section 5 of the Mental Capacity Act and staff are protected from liability. Activities may include

· Help with washing and dressing

· Interpreting communication

· Shopping or buying goods with the person’s money

· Giving medication

· Taking someone to the doctor or hospital.

3.4 These activities are permissible only if they are detailed in the individuals Care/Placement Plan which includes an overall assessment of capacity and is drawn up with input from all relevant professionals and carers.

4 Depravation of Liberty

4.1 The Mental Capacity Act 2005 Depravation of Liberty Safeguards makes sure that people are lacking capacity can be cared for or treated in a way that means they are safe.

4.2 If we feel someone who lacks capacity in a particular situation we may need to restrict their liberty to keep them safe. There is no definitive list of what depravation of liberty is. It may include

· Staff having control over decisions

· Not being allowed to leave where you are living without a member of staff

· Family carers or friends not being allowed to visit.

· Monitoring and surveillance

4.3 No decisions of this nature are made without considering the Best Interests of the individual and are not made without a Depravation of Liberty Authorisation.

4.4 Every incidence is different and always taken in ‘Best Interest’. For example locking the front door will protect individuals and their property from intruders. Locking a bathroom door provides privacy. These situations are very different from locking a door to isolate an individual or restrict access to recreation or social interaction and different again from doing it to keep them safe from traffic or other dangers.

4.5 As the Manging Authority we will work with our Supervisory Body [ the Local Authority or Placing Authority] who will appoint an Assessor and a Best Interest Assessor to make sure that the decision is lawful.

4.6 The Depravation of Liberty Safeguards will be for as short a time as possible and never for longer than a year without review.

5 Training

5.1 All staff will be trained in all aspects Mental Capacity and Depravation of Liberty which is an integral part of Safeguarding Vulnerable Adults and Risk Assessment.

Reviewed April 2016