Awareness of the Mental Capacity Act 2005

1. Understand the importance of the Mental Capacity Act 2005

• 1.1 Explain why legislation is necessary to protect the rights of individuals who may lack the capacity to make decisions for themselves
• 1.2 Describe the factors which may lead to an individual lacking the capacity to make a particular decision for themselves
• 1.3 Explain how the Mental Capacity Act 2005: • empowers people to make decisions for themselves • protects people who lack capacity by placing them at the heart of the decision making process
• 1.4 Describe why effective communication is important when working with a person who may lack capacity to make a particular decision for themselves

2. Understand the key elements of the Mental Capacity Act 2005

• 2.1 Define the 5 statutory principles included in the Mental Capacity Act 2005
• 2.2 Describe when a worker must comply with the Mental Capacity Act 2005
• 2.3 Explain how the Mental Capacity Act 2005 gives legal protection to workers providing care and treatment for someone who lacks capacity
• 2.4 Explain ‘capacity’ as defined in the Mental Capacity Act 2005
• 2.5 Explain ‘best interests’ as defined in the Mental Capacity Act 2005
• 2.6 Explain what actions needs to be taken to ensure a worker acts in an individual’s ‘best interests’
• 2.7 Identify whose responsibility it is to assess ‘capacity’ and ‘best interests’
• 2.8 Identify the type of ‘day to day’ decisions a worker may find themselves making on behalf of a person who lacks capacity to make those decisions themselves
• 2.9 Explain the circumstances when an Independent Mental Capacity Advocate (IMCA) should be appointed
• 2.10 Explain how the Mental Capacity Act 2005 can assist a person to ‘plan ahead’ for a time when they may not have capacity to make certain decisions

3. Understand ‘restraint’ as defined in the s6(4) Mental Capacity Act 2005

• 3.1 Identify the range of actions that amount to restraint
• 3.2 Identify the factors which make restraint lawful under the Mental Capacity Act 2005
• 3.3 Describe the circumstances where the restrictions or restraint being used amount to a person being ‘deprived of their liberty’
• 3.4 Describe the actions that are necessary to ensure that a person is lawfully ‘deprived of their liberty’
• 3.5 Explain why a worker should raise their concerns with their supervisor / manager when they think a person may be being ‘deprived of their liberty’

4. Understand the importance of complying with the Mental Capacity Act 2005 Code of Practice when working with
individuals who lack capacity

• 4.1 Explain the legal status of the Mental Capacity Act 2005, Code of Practice
• 4.2 Explain the purpose of the Mental Capacity Act 2005, Code of Practice
• 4.3 Explain how the Mental Capacity Act 2005 Code of Practice effects the day-to-day activities of a worker when making decisions for individuals who lack the capacity to make those decisions for themselves