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

Frustrations for People with Dementia Related Illnesses

Sometimes I get really frustrated especially when I can’t remember words and have to resort to either using an incorrect word or describing what it is I am trying to say, this results in people with limited understanding of my condition thinking I’m angry or rude.

I’m neither, I’m frustrated, but at myself not anyone else.

MCI can be challenging and, at times, overwhelming. Frustration is a normal and valid emotional response.

Frustration can cause stress and anxiety which may negatively impact your physical health or cause you to be physically or verbally aggressive towards those around you.

I try to limit my frustrations by trying to recognise what is and what isn’t within my power to change.

I find when I am over tied I can be more frustrated and forgetful, in turn this makes me appear slower in my speech and thought process.

I can’t offer answers on how to deal with your frustrations, but I can explain how I try to recognise mine and deal with them.

I’ve tried to recognise the warning signs of when I am becoming frustrated, and relearn ways to calm myself down this can reduce the stress I feel but it isn’t always guaranteed.

My personal warning signs are

·         I smoke more than normal – whereby normally I can go hours before I feel the need to smoke, when frustrated I can smoke every 20minutes or so.

·         My patience is extremely lacking

·         I start to feel hot and bothered which causes headaches for me

·         And I get this urge to smack someone, usually the person nearest me. I have yet to be physically violent but I recognise the potential is there.

When I feel, myself becoming frustrated I try changing my activity to reduce the frustrations.  The first few I have found have very little effect on me but I’m including them as you might that they work for you.

·         Counting from 1-10

·         Breathing more slowly and taking deep breaths

·         Having a quick walk about to gather yourself

·         Ring a friend someone you can chat about normal things with

·         Singing, sing like there is no one watching or listening

·         Listen to music

·         Taking a relaxing bath

Try experimenting, find out what works best for you, some people find meditating or praying works for them.  The best combination I’ve found is listening to music whilst in a warm bath, but sometimes this really isn’t possible.

Mental Capacity Act Conference Newsletter

On the 30 March 2017, The Edith Ellen Foundation with Leigh Day Solicitors held The Mental Capacity Act Conference – What’s Right & What’s Wrong.  A decade after the Mental Capacity Act came into force across the United Kingdom it is very much back in the public domain with open discussions across the Professional span, the conference was a review of the Mental Capacity Act and the Deprivation of Liberty Safeguards (DoLS).

In March 2014, a House of Lords Select Committee published a detailed report concluding that the DoLS were “not fit for purpose” and recommended that they be replaced.  DoLS have been criticised since they were introduced for being overly complex and excessively bureaucratic.

Below is The Edith Ellen Foundation Newsletter from the day, please feel free to download and share across your network of colleagues, friends & families