Mental Capacity Act
MSP MCA Toolkit
MSP carries out statutory Safeguarding Adult Reviews (SARs) when an adult at risk dies, or experiences serious neglect or abuse and where agencies believe there is valuable learning that can help to improve the way multiple agencies work together to safeguard adults.
Through the SAR process MSP have identified that a recurrent theme and key recommendation in several Manchester SARs (and also nationally) is the requirement to improve the practical application of the MCA.
Therefore, in-light of this MSP have created an MCA toolkit to help support frontline practitioners in assessing mental capacity and making decisions in a citizens best interests.
You can view our Grab guide to the Toolkit on the link below:
The toolkit includes:
- MCA and Best Interests assessment template:
This has been designed as a gold standards document based on case law and up to date guidance. This is designed for any agency to use.
- MCA and Best Interests assessment ‘sample completed’ template:
Using an example case MSP have completed the MCA assessment template to help demonstrate how the assessment can be undertaken and how to utilise the form. This has been based on best practice guidance.
- MCA Executive Functioning Guidance:
This document is to help provide clear guidance on executive functioning and how this should be included within mental capacity assessments.
- MCA practical guide:
This document has been created as a grab guide to support practitioners throughout the process of assessing a citizens mental capacity and following the best interests decision-making process. It is intended to provide a step-by-step guide to direct practitioners at each stage of the process.
- MCA competency and training framework:
This document details the minimum requirements for MCA training and competency for all health and care staff and should be used to help compare existing training to ensure it meets these standards.
- MCA toolkit introductory video:
MSP have recorded a short presentation on the MCA toolkit, why we created it, the importance of supporting staff to become confident and competent in completing mental capacity assessments and including a Q&A session with one of Manchester’s Senior DoLS assessors to answer some of your common MCA questions.
MCA Competency Framework & Practical Guide
The Mental Capacity Act (MCA) is designed to protect the rights of individuals and to empower vulnerable people aged 16+ who may lack mental capacity to make specific decisions about their care, treatment and life. It champions principles of person-centred care and least restrictive options. The full Act can be found here: https://www.legislation.gov.uk/ukpga/2005/9/contents
The MCA was developed to co-ordinate and simplify the law about the care and treatment of people who lack capacity.
The Act introduced statutory powers and procedures to protect individuals and help to clarify what is expected of professionals. In the past, it was not unusual for some individuals with severe or enduring mental health problems, to have decisions made for them, rather than in their best interests which resulted in numerous injustices. To prevent this from happening the MCA puts the needs and wishes of a person who lacks capacity at the centre of any decision-making process.
The MCA code of practice document provides support and case examples of how to apply the MCA in practice, it can be found here: https://www.gov.uk/government/publications/mental-capacity-act-code-of-practice
MSP has developed a competency framework and RCN Intercollegiate Document for Safeguarding Adults, setting out the required training, which can be downloaded below:
The Act also introduced the role of an Independent Mental Capacity Advocate (IMCA) to provide support people who lack capacity to make decisions about their long-term accommodation or serious medical treatment and who do not have any friends or family appropriate to consult. In Manchester this service is provided by: https://www.voiceability.org/support-and-help/services-by-location/manchester and professionals can make referrals direct to the service.
To support Assessments and Best Interests Decisions under the Mental Capacity Act, MSP have produce a Practical Guide to Assessing Capacity and Making Best Interests Decisions under the Mental Capacity Act (MCA). You can download the resource below.
We have also created a video resource to support this document, which includes frequently asked questions and can be viewed below.
Executive Functioning
Executive function is an umbrella term used to describe a set of mental skills that are controlled by the frontal lobes of the brain. When executive function is impaired, it can inhibit appropriate decision-making and reduce an individual’s problem-solving abilities.
Professionals assessing capacity in this patient group are faced with a number of obstacles that make determination of capacity more challenging. This can have significant implications because failing to carry out a sufficiently thorough capacity assessment in these situations can expose a vulnerable individual to
substantial risk.
The MSP Executive Functioning: Mental Capacity Act Guidance is intended to provide guidance to Mental Capacity professional practice. Click the link below to download:
Mental Capacity Assessment and Best Interest Consideration Template Example
This has been designed as a gold standards document based on case law and up to date guidance. This is designed for any agency to use. You can download it below.
To further guide assessment we have included an example assessment which you can also download below: