a person must be assumed to have capacity unless there is evidence to establish that they lack capacity.When staff use these principles well, they empower people to make their own decisions and protect and empower those who lack capacity to do so. To reflect this diversity, the MCA is underpinned by five key principles which enable a flexible approach to decision-making. The law recognises that each person is unique and will have a different lifestyle and aspirations for their care and support. Providers must show through their care plans and associated records how people are supported to stay in control of their lives and to make their own decisions about how their care and support is provided as far as they are able.
The MCA places the person at the heart of decision-making. The principles that underpin the MCA mirror these duties.
The statutory obligation contained in the Care Act 2014, to promote individual wellbeing, sets the future direction of social care. The Commission called upon both providers and commissioners to improve in this area. The Commission’s evidence showed that in some care homes (and hospitals), people’s freedom to make decisions for themselves was restricted without proper consideration of their ability to consent or refuse. Similarly, the Care Quality Commission (CQC) found in 2014 that the MCA was not well understood across all sectors. The Care Quality Commission’s report on the use of the Deprivation of Liberty Safeguards It found that although the MCA ‘continues to be held in high regard’, it has not met the ‘high expectations it raised’, due to a lack of awareness and understanding, a persistent culture of paternalism in health services, and aversion to risk in social care. The House of Lords Select Committee, established to scrutinise how the MCA is working in practice, published a report in March 2014. Despite the fact that the MCA was implemented many years ago, evidence from research tells us that it is still not well understood by staff working in health and social care. Providers should be able to demonstrate to commissioners how they are meeting these statutory obligations through their care planning processes and practice.Īround two million people are thought to lack capacity to make decisions about their care and support.
#Incontrol medical attain code#
They must also have regard to the MCA Code of Practice (the Code), and the Deprivation of Liberty Safeguards (DoLS), an amendment to the MCA introduced in 2009 via the Mental Health Act 2007. The MCA makes it clear who can make decisions on behalf of a person who lacks capacity to do so, when they can do this, and the safeguards that must be followed. It also enables people with capacity to plan for a time in the future when they may lack capacity.Įveryone working with, or providing care and support for, a person over 16 years of age, who may lack capacity to make decisions for themselves, is required by law to understand and use the MCA. The MCA safeguards people’s human rights and the choices they wish to make. These decisions may range from small everyday matters such as what to wear and what to eat, to more complex decisions such as where to live or what medical treatment to receive. The MCA provides a framework for empowering people to make their own decisions and for others to make decisions that are in their best interests when they are unable to do so. Yet they are the world of the individualĮmbedding the principles of the MCA within care planning means the world of the individual person is one in which their rights are respected. In small places, close to home – so close and so small that they cannot be seen on any map of the world. It introduces the MCA as a framework for promoting human rights, choice and control. This section sets out the responsibilities of providers and commissioners. Promoting human rights, choice and control in care planning Promoting human rights, choice and control
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