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‘The depressing failure of some social workers to follow the Mental Capacity Act’ – a lawyer’s view

Specialist solicitor Ian Cranefield says too many care professionals are taking decisions about vulnerable adults without properly assessing capacity or consulting them – in breach of the Mental Capacity Act’s principles. In recent months I have found it both depressing and intensely frustrating that some of the fundamental principles of Mental Capacity Act 2005 have […]

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Research into improving the use of mental capacity advocates in adult safeguarding

Access to independent mental capacity advocates (IMCA) for adults at risk of abuse is low and falling, warned the Department of Health in its annual report on IMCAs, published in February. It urged safeguarding adults co-ordinators to review the basis on which they referred people to IMCAs, and for practitioners in areas where referrals had […]

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How many doctors faced fitness to practise hearings over Winterbourne View? None

Legal researcher Lucy Series, who blogs at The Small Places, has done some typically valuable research into how many doctors faced professional sanction for failings in the care of patients at Winterbourne View. While doctors were not implicated in the abuse of patients, the serious case review into the hospital abuse scandal and a separate […]

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Is the Mental Capacity Act fit for purpose? Tell the House of Lords what you think.

A House of Lords committee has recently been set up to investigate the impact of the Mental Capacity Act, six years on from its implementation. It has held two oral evidence sessions so far – with government officials and with legal experts - and social care experts will be quizzed on the topic next Tuesday (2 […]

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‘I’ve been my son’s key worker, advocate and manager…but now he’s 18 I sometimes feel redundant’

Blogger sarasiobhan, who has an 18-year-old learning disabled son, recounts how his transition to adulthood has thrown family life upside down and brought with it a new rule book in their dealings with health and social care professionals. Well, we’ve been flung into a bizarre world over the past few months. And that’s quite a statement […]

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Striking the balance between open justice and safeguarding vulnerable adults

  Justice secretary Chris Grayling has asked senior judge Sir James Munby to review the transparency of proceedings of the Court of Protection, which hears cases under the Mental Capacity Act. The court’s proceedings are heard in private, though judges can permit the publication of information, including their judgements of cases. The proposed review is believed […]

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Are joint adult safeguarding and Dols teams a good idea?

Many councils appear to have created, in effect, a joint adult safeguarding and Deprivation of Liberty Safeguards team, according to the Care Quality Commission’s annual report on Dols, published today. The question is, is this a good use of specialist (mainly) social work resource or a recipe for conflict between a duty of care/adult protection […]

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Social work and the Mental Capacity Act: highlights from our debate

If you missed last night’s online chat about social work under the Mental Capacity Act, it would be well worth replaying it as the standard of discussion was really high. But to give you a flavour, here are the highlights: Professionals in dispute with family over dementia patient’s future To recap, we were discussing the case […]

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Social work and the Mental Capacity Act: share practice tips with your peers

I hope as many of you as possible can join us for this evening’s live online chat on social work under the Mental Capacity Act, which kicks off at 7.30pm. The link above takes you through to the case study we will be discussing, which concerns a woman with advanced dementia who faces discharge from […]

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How Mental Capacity Act compliant is your practice? Join our live chat

The Mental Capacity Act 2005 is the most significant piece of legislation for adult social care practice of the past 20 years. Its principles of empowering people to make decisions and acting in their best interests when they are consonant social work values.  But five years on from its implementation, how compliant is practice with […]

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