Mental Capacity Act 2005 Workbook for Practitioners

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This flip reverse workbook on the Mental Capacity Act 2005 and the Deprivation of Liberty Safeguards has been designed and developed by the National Centre for Post-Qualifying Social Work at Bournemouth University in partnership with Learn to Care, the professional association of workforce development managers in local authorities.

This is an accessible and informative workbook, packed full of case studies, activities and advice about the Mental Capacity Act 2005. We hope it will support practitioners to improve their professional practice and develop their knowledge and skills within key legislative and ethical frameworks.

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At the end of each workbook is a quiz, see below for the quiz answers.

Mental Capacity Act 2005 workbook

QUIZ ANSWERS

You should have a tick in each of the following boxes.

1. a, b, d & g

2. a, b, d & e

3. a, c & e

4. a, c, e & f

5. a, c, e & f

6. b

7. b

8. b

9. c, d & f

10. a, c, e & f

 

Sample answer to question on page 13:

This is all perfectly legal and Peter will be able to sign up for all utilities as long as he has capacity. It is the capacity which is key, not his inability to sign his name.

Sample answer to question on page 17:

You would assess capacity according to the two stage test within the Act. Does Mr Jones have an impairment or disturbance in the functioning of the mind or the brain and if so does that impairment mean he cannot decide to agree to have a bath? Can he understand why he needs a bath, can he retain information you give him about the bath, can he use that information to make his decision and can he communicate his decision to you. It would be appropriate to involve his family and any other professional working with him in the assessment process. If you are uncertain, you might seek advice from your manager or from your MCA Lead. Recording of the assessment should be made in Mr Jones’ file, using any relevant local paperwork if available.

Sample answer to question on page 24:

The first step would be to assess his capacity as above. If you believe that he doesn’t have capacity then you would follow the best interests checklist as set out in the Code of Practice. This would include consulting with his family to get their views on your intended actions. Assuming, as a result of following the checklist that you believe it is in Mr Jones’ best interests then you would go ahead and proceed with the bath, recording your actions from the point where you assessed his capacity in Mr Jones file.

Sample answer to question on page 29:

Negotiation is your best option here but as this concerns treatment, it might be useful to involve an advocate, possibly an IMCA if you believe that Shakira’s family are not acting in her best interest. Situations of this type can often be caused by poor communication between professionals and families and an advocate might help in this regard. If negotiation does not allow a decision to be made the ultimate course of action would be to seek a declaration in the Court of Protection.

Sample answer to question on page 33:

It would appear that Mrs Collins has made a valid and applicable Advance Decision to Refuse Treatment. In this case, Mrs Collins’ wishes should be respected despite the feelings of the daughter. The GP and any specialist practitioner should explain the situation to the daughter. Ultimately, the decision will be made by the person in charge of Mrs Collins treatment, whether that’s the GP or a cancer specialist.

Mental Capacity Act 2005: Deprivation of Liberty Safeguards workbook

QUIZ ANSWERS

1. b

2. b

3. d

4. c

5. d

6. b

7. d

8. b

9. c

10. c

11. d

12. c

13. c