This set of three presentations and case studies used in joint Housing LIN/CSHS training summarises provisions of the MCA as they relate to providers of supported housing and explore some of the issues.

The aim of this guidance on the Mental Capacity Act 2005, which was commissioned by the Department of Health and Social Care Institute for Excellence, is to provide healthcare practitioners in the community with a greater understanding of the new law covering mental capacity. The subjects covered in the guidance are those which community practitioners are most likely to encounter as part of their working lives. The author stresses that the Code of Practice that accompanies the Act should always be available to practitioners as the principle source of reference. The guidance given incorporates checklists and case studies which can be used to enhance understanding of the Act and Code.

This learning resource promotes best practice in the use of the Mental Capacity Act 2005 and where appropriate the Deprivation of Liberty Safeguards (2009), particularly in the context of situations involving health related decisions. The resource provides a series of short film scenarios that challenge the viewer to consider the ethical issues in any given situation, and to encourage debate about potential decision making outcomes. It is the intention that these scenarios illustrate everyday situations, and whilst they may not demonstrate perfect practice, the aim is that they promote discussion and debate.

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 the tender process for new provider of Mr J’s supported living accommodation and the role played by the IMCA in ensuring the selection of the provider from the shortlist was done by the families of the residents with support from the Council’s commissioning unit. 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 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 care home resident needing improvements to their accommodation, explaining how after intervention by an IMCA the decision was made to go ahead with the repair work. 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 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.