News
Friday 11 July 2008
University research supports adult community services staff
A new guide to help adult community services staff better understand the Mental Capacity Act 2005 (MCA 2005) and the accompanying Code of Practice has been produced following research at Nottingham Trent University. The guide - entitled ‘Guidance for Adult Community Services Staff on the Mental Capacity Act 2005’ - aims to help staff better understand the new law and how it affects their area of practice.
The MCA 2005 and the accompanying Code of Practice set out the steps that have to be taken when treating or caring for people who may lack or have reduced capacity to make specific decisions at specific times. Lack of capacity is associated with a range of causes encountered by staff including dementia, significant learning disabilities, brain injury, concussion following a head injury, the effects of a stroke, delirium and the effects of drug or alcohol use.
Healthcare practitioners are under a legal duty to have regard to the Code of Practice. Practitioners must be able demonstrate that they have followed the Code when working with people who lack or may have reduced capacity.
Commissioned by the Social Care Institute for Excellence (SCIE), the research study assessed the impact of the MCA 2005 and the Code on staff at two Primary Care Trusts. This has resulted in the new guide, which also contains checklists and case studies for staff to use to improve their understanding of the MCA 2005 and the Code.
Andrew Alonzi, solicitor and senior lecturer in law at Nottingham Trent University’s Nottingham Law School is the researcher and author of the guide.
He explained: “The MCA 2005 is a very important piece of legislation that protects and helps to restore power to vulnerable people who may lack or have reduced capacity to make their own decisions. Improving understanding of the MCA 2005 and the Code of Practice has tangible benefits to patients.
“All of the subjects covered in the guide are those which busy community practitioners are most likely to encounter as part of their working lives. My aim in writing it was to provide those practitioners with a helpful first point of reference whenever they encounter issues about mental capacity through clinical practice.”
Julie Jones, Chief Executive of SCIE, who commissioned the work on behalf of the Department of Health, said: “Assessing a person’s capacity to make decisions is a difficult task for people working in social care and health. The Mental Capacity Act plays a vital role in safeguarding vulnerable groups of adults from abuse or neglect and it is important that people understand what the legislation means for them.
“We hope that community services workers will make the most of this guidance, as they work to support and empower those who may have difficulties making decisions.”
ENDS
For press enquiries please contact: Matt Wallace, Press Officer, on telephone +44(0)115 848 8785, or via matthew.wallace@ntu.ac.uk, or Therese Easom, Press and Media Relations Manager, on telephone +44(0)115 848 8774, or via therese.easom@ntu.ac.uk.
