assessing capacity what is your responsibility ? how do you do it ? carly houghton team leader...
TRANSCRIPT
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Assessing Capacity
What is your responsibility ?
How do you do it ?Carly Houghton Team Leader
Deprivation of Liberty Team LCC Helen Pearson Board Officer Safeguarding
Boards (LSCB/SAB)
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Capacity to do what?! Understand risk to a child Understand a Protection Plan Sustain change Be fit for interview Be criminally responsible Make decisions about where you live Understand that what is happening to them is
harmful Refuse services
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What affects decision making? Alcohol Drugs Learning Disability Alzheimer's/Dementia Mental Health diagnosis Domestic Abuse (coercion) Lack of empathy/egotism Personality disorders Cycles of abuse /Learnt behaviour
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What ever the reason ! What is the impact ?
On a person’s ability to understand, retain and act on information
On a person’s ability to protect themselves and others
Look beyond a diagnosis and consider how thinking and behaviour impacts
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What do these statements mean?
They lack capacity ! They have a Learning Disability so don’t
understand They do not have a mental health
diagnosis so there is nothing we can do I can’t assess capacity because I know
nothing about mental health.
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Who assesses capacity
YOU
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We can all contribute Expertise in a particular area of work-
Mental Health, Learning Disability, Child Development, Drugs and Alcohol
Knowledge of the child or adult and their day to day experience – ‘What they wake up to’; Walking with them through the day
Creative communication techniques Joint working
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Not going into detail of Mental Capacity Act but use the principles as a guide to best practice how we might consider a
persons capacity
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Mental Capacity Act 2005
The key principles of the Mental Capacity Act are: Every adult assumed to have capacity unless
demonstrated otherwise Person not to be treated as unable to make a
decision simply because his or her decision is an unwise one
Person must be empowered as far as possible to help them reach capacity
Any act done for a person who lacks capacity must be done in that person’s “best interests”
Must consider if there is a less restrictive option
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Adults can make decisions( they may be unwise)
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The test for capacity
MCA s2 A person lacks capacity if he is unable to
make a decision because of an impairment of or a disturbance in function of the mind or brain
Impairment can be temporary Lack of capacity cannot be determined
either by a person’s age or appearance
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Inability to make decisions
MCA s3 A person is “unable to make a decision
for himself” if he is unable:- To understand the information relevant to
the decision To retain that information To use or weigh that information in the
decision making process Communicate his decision
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Asking the right questions
Break it down Isolate decision Is it understood Test it out – Evidence through observations
actions
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Building confidence in Capacity assessments Use professional judgement Ask for assistance/expertise Think Whole Family Adult workers think child Children’s workers think adult Multi Agency decision making