Services ‘too often’ failing to apply Mental Capacity Act properly

Failings in Mental Capacity and DoLS

A review (see below) by the Local Government & Social Care Ombudsman released this week found that one in five social care complaints made to the service in 2016 concerned mental capacity or DoLS cases.

More than two thirds of these complaints were upheld, compared to 53% of all complaints across Social Care.

The review published details of 7 cases which highlighted common issues in the way the MCA and DoLS were being applied.  These issues included but weren’t limited to:

1.    Delays in Assessments

2.    Poor best interest’s decision-making

3.    Failure of services to involve family

In March 2017, The Edith Ellen Foundation held its Mental Capacity Act Conference, during this conference it became apparent that many Social Workers and other Professional Services were making assumptions of capacity without assessing it fully or correctly and the process is a mind field.  One of the cases flagged by the ombudsman regarded a stroke victim who was placed in a care home against his will after Social Workers made assumptions about the patients’ capacity.  It was later found that he did in fact have capacity and could decide where to live.

The Edith Ellen Foundation offers Mental Capacity & DoLS Training at a discounted Summer rate of £35per delegate (quote: MCA17 book before 31^st August 2017)for more information contact our Training Team on training@edithellenfoundation.org or for a FREE Training consultation contact office@edithellenfoundation.org