This video for health and care professionals looks at how the 2014 Supreme Court judgment on deprivation of liberty affects people working in the area of mental capacity. It looks in detail at two real-life case studies.

An advocate reminds other professionals not to make decision on behalf of people
until incapacity has been established.

This case study examines what worked well and what did not work well in a best interests decision about a patient with severe physical and learning disabilities needing surgery.

A case study focusing on a patient for whom an inadequate capacity assessment was carried out. Following IMCA intervention, it was discovered that lack of capacity had been assumed and the IMCA set about undertaking an accurate capacity assessment. The patient, however, passed away before this could be completed. The case study has been drawn together by the Department of Health, the Care Quality Commission, and POhWER, a major provider of advocacy services, and aims to show how IMCAs can act as a powerful support to people who may lack capacity.

A case study focusing on a patient with an acquired brain injury, needing a best interests decision made as to whether she should have a PEG feed inserted. The case shows how the correct application of the principles of the MCA ensured the least restrictive option was explored and the patient was able to make improvements in eating and drinking so the PEG was no longer needed. The case study has been drawn together by the Department of Health, the Care Quality Commission, and POhWER, a major provider of advocacy services, to show how IMCAs can act as a powerful support to people who may lack capacity.

A case study describing how a decision had to be made about the permanent care arrangements for a service user temporarily placed in a care home, which appeared to be against her wishes. With IMCA intervention the resident was able to return home with a care package which she was more amenable to. The case study has been drawn together by the Department of Health, the Care Quality Commission, and POhWER, a major provider of advocacy services, showing how IMCAs can act as a powerful support to people who may lack capacity.

A case study focusing on a patient with cognitive impairment, showing how the intervention by an IMCA ensured she was able to return to live at home with her dog instead of being admitted to a care home that did not allow dogs. The case study has been drawn together by the Department of Health, the Care Quality Commission, and POhWER, a major provider of advocacy services, and shows how IMCAs can act as a powerful support to people who may lack capacity.

A case study focusing on patient decision to require representation in deciding whether she should be resuscitated and the intervention by an IMCA. It has been drawn together by the Department of Health, the Care Quality Commission, and POhWER, a major provider of advocacy services, showing how IMCAs can act as a powerful support to people who may lack capacity.

A case study focusing on dementia non-MCA compliant hospital discharge, without an appropriate advocate involved in the decision-making process. It explains how the IMCA involved raised concerns about how the hospital discharge process fits into the MCA and how important the role of an IMCA is in ensuring decisions are made in the best interests of the relevant individuals. The case study has been drawn together by the Department of Health, the Care Quality Commission, and POhWER, a major provider of advocacy services, showing how IMCAs can act as a powerful support to people who may lack capacity.

A social worker describes two cases in which people were assumed to lack capacity,
and how that risks the person’s wishes being overridden.