THE MENTAL CAPACITY ACT (MCA)

What is it?

The Mental Capacity Act 2005, provides a statutory framework for people who lack capacity to make decisions for themselves or have capacity and want to make preparations for a time when they may lack capacity in the future.

Why is it important?

The purpose of the Act is to empower people to make decisions for themselves wherever possible and protect people who lack capacity by providing a flexible framework that places individuals at the very heart of the decision making process. (MCA code of practice 2007.) Historically there has been a tendency to be paternalistic to someone who may lack capacity to make decisions for themselves. The Act reminds us of our legal duties to uphold people’s rights and freedoms and where this may not be possible that we act lawfully at all times.

What we do

Legislation alone is not the whole story, for practitioners to implement the Law effectively, they need to understand what it means to their practice.

Free Bird Associates has developed a day programme called “MCA and Deprivation of Liberty, principles in practice”. I n addition to covering the requirements of the MCA in regards to assessment and Best Interests, we explore the "acid test" as described by the Cheshire West ruling, and how we apply for authorisations.

The programme  uses the MCA Code of Practice to provide practical guidance in working with the Act and offers an opportunity for learners to be part of an assessment and Best Interest Meeting / Discussion. We are also working with our colleagues over at DESUTO  https://desuto.com to look at how we can use their tools within a learning environment to support practice around Deprivation of Liberty. During the day  we  examine what is meant by the terms Best Interest and Deprivation and how we must keep the focus on the individual and manage our own anxieties.

To find out more including bookings or to enquire about bespoke programmes to meet your organisation’s needs; please contact us at info@freebirdassociates.com