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Assignment Briefs 05-06-2024

Identify the key provisions of each of the below regarding mental capacity and explain how they relate to your service a) Legislation b) Codes of practice c) Policies

 The Principles of Mental Capacity, Consent and Restrictive Practices for Leaders 

This unit will support you to develop your knowledge and understanding of mental capacity and restrictive practices.  You will look at the relevant legislation and codes of practice regarding mental capacity and your role in relation to these.  You will look at your responsibilities in supporting the development of team members understanding and the impact of impact of restrictive practices on individuals.

ANALYSE - to study or examine something in detail (looking at all the component parts of the whole) to discover more about it, i.e., what works well, what does not, how is it beneficial.

A conclusion could follow - what possible changes can be made as an improvement.

EVALUATE - to judge or calculate the quality, importance, or value of something: i.e., why this is used, what purpose or value does it have, does it fulfil its purpose.

A conclusion could follow – to continue with the item, discontinue it, or suggest possible changes

 

KNOWLEDGE QUESTIONS

1.1

1.2

Identify the key provisions of each of the below regarding mental capacity and explain how they relate to your service

a) Legislation

b) Codes of practice

c) Policies

(see below guidance)

1.3

Describe your role in applying and upholding key principles of mental capacity legislation, codes of practice and policies

1.4

Identify the support available when mental capacity needs to be assessed

1.5

Explain how to access the available support when mental capacity needs to be assessed

1.6

Describe own role in the assessment of risk in situations where there are concerns regarding an individual’s’ mental capacity

1.7

Describe practices which support the individuals’ ability to provide valid consent

1.8

2.8

Summarise the development needs of the below relating to mental capacity and restrictive practices

a) Yourself

b) Team members

(see below guidance)

2.1

2.2

Explain what is meant by each of the below and how they apply to practices within your workplace

a) Restrictive practices

b) Restraint

c) Deprivation of liberty

d) Best-interest decisions

(see below guidance)

2.3

Analyse the legal and ethical considerations of restricting an individual’s rights and freedoms (see below guidance)

2.4

Explain your responsibilities in relation to restrictive practices and deprivations of liberty

2.5

Analyse appropriate and proportionate responses to restrictions on an individual’s rights and freedoms

2.6

Discuss the potential impacts of restrictive practices on individuals and others

(see below guidance)

2.7

Explain how person-centred, outcomes-based practices can mitigate the use of restrictive practices

Guidance

Legislation and codes of practice: including, but not limited to:

  • Deprivation of Liberty Safeguards/Liberty Protection Safeguards
  • Mental Capacity Act 2005
  • Mental Capacity (Amendment) Act 2019
  • Human Rights Act 1998
  • Equality Act 2010
  • Mental Health Act 1983
  • Health and Social Care Act 2012
  • Care Act 2014
  • Data Protection Act 2018
  • Dignity in Care

Development needs include, but are not limited to

  • Best Interest decisions
  • Decision-maker responsibilities
  • Maximising capacity and their role in assessment

Restrictive practices include any practice or intervention that limits the rights or freedoms of an individual

Restraint includes, but is not limited to, covert medication (sometimes referred to as ‘hidden restraint’)

Legal and ethical include but are not limited to:

  • Statutory principles of the Mental Capacity Act 2005
  • Duty of care
  • Deprivation of Liberty Safeguards
  • Individuals’ wishes
  • Advanced decisions
  • Decision-making authorities e.g., Lasting Power of Attorney, Court of Protection request
  • Best Interest decisions

Your responsibilities include how to apply for an authorisation

Impacts may include, but are not limited to:

  • Impacts on safety
  • Dignity
  • Relationships and wellbeing of individuals.

You may also wish to consider the impact on team members responsible for implementing restrictions

Individual is a person accessing care and support.

Others, in this context, refers to adult care workers who are required to restrict an individual’s rights or freedoms

https://www.gov.uk/government/publications/mental-capacity-act-code-of-practice

https://www.nhs.uk/conditions/social-care-and-support-guide/making-decisions-for-someone-else/mental-capacity-act/

https://activesocialcare.com/handbook/safeguarding-adults/restrictive-practices/

Example Answer (Incomplete & Plagiarised)

a) Legislation: Legislation refers to laws enacted by a governing body, such as a government. In the context of mental capacity, laws often outline the rights and protections afforded to individuals who may lack capacity to make decisions for themselves. For example, in many jurisdictions, there are laws that establish criteria for determining mental capacity, procedures for assessing capacity, and protocols for making decisions on behalf of individuals who lack capacity. These laws may also outline safeguards to protect the rights and interests of individuals with impaired capacity.

How it relates to my service: My service is deeply rooted in adherence to legal frameworks. For instance, when generating responses related to mental capacity, I ensure that the information provided aligns with relevant legislation, such as the Mental Capacity Act in the UK or similar laws in other jurisdictions. By incorporating legal standards into the information I provide, users can trust that the guidance offered is compliant with applicable laws and regulations.

b) Codes of Practice: Codes of practice are guidelines or standards developed by professional bodies or organizations to provide practical guidance on how to adhere to legal requirements or ethical principles in a particular field. In the context of mental capacity, codes of practice may offer guidance on conducting capacity assessments, making decisions on behalf of individuals who lack capacity, and safeguarding their rights and interests.

How it relates to my service: I incorporate principles from relevant codes of practice into my responses to ensure that the guidance provided aligns with professional standards. For example, if a code of practice emphasizes the importance of respecting the autonomy and dignity of individuals with impaired capacity, I will prioritize these principles in the information I provide. By adhering to codes of practice, I can offer users guidance that is not only legally compliant but also ethically sound.

c) Policies: Policies are specific guidelines or rules established by an organization to govern its operations and decision-making processes. In the context of mental capacity, organizations may develop policies to ensure that staff members understand their responsibilities when working with individuals who may lack capacity. These policies may cover procedures for assessing capacity, obtaining consent, and making decisions in the best interests of individuals with impaired capacity.

How it relates to my service: While I don`t develop policies myself, I can provide information and guidance that organizations can use to inform their policies related to mental capacity. For example, if an organization is developing a policy on capacity assessments, they may consult my responses to ensure that their policy aligns with best practices and legal requirements. By providing accurate and comprehensive information on mental capacity, I support organizations in developing policies that promote the well-being and rights of individuals with impaired capacity.

 

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