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Duty of Care Assessments - delivering care and treatment that meets Mental Capacity Act Requirements

The Mental Capacity Act 2005 provides the legal framework for making decisions and acting on behalf of individuals who lack the mental capacity to make particular decisions for themselves. Everyone working with or caring for anyone who lacks the capacity to make decisions must comply with the Act when making decisions or acting for that person. Since the implementation of the Act, practitioners have become increasingly aware of their obligation to act within the ‘best interest’ criteria and ensure that any practice they implement is the least restrictive. Restraint or restrictive practices are only permitted if the person using them reasonably believes that it is necessary to prevent harm to the person who lacks capacity and if the restrictive practice is an appropriate response. Ensuring that the Mental Capacity Act’s requirements are met when considering the use of restrictive practices can be both difficult and challenging. When care staff are supporting individual care needs or medical treatments how do they assess the difference between gentle support and a restrictive physical intervention being used when the client is noncompliant or cannot consent to the care task or medical treatment being undertaken? Andy Lees, (Positive Behaviour Support Training Manager for St Anne’s Community Services), has developed an assessment checking process that protects individuals being supported whilst ensuring that staff meet the legal requirements and ensure that their duty of care is fully met.

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25 January 2013 08:30 to 14:45
Will Nicklin
Contact Email
Contact Phone
01562 723025

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