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Knowledge Guide
Mental Capacity Act
Essentials for Frontline Staff
Knowledge Guide
MCA Essentials
2
Name:
Organisation:
Place of Work:
Manager:
Start Date:
End Date:
This Knowledge Guide belongs to:
Knowledge Guide
MCA Essentials
3
Contents
How to use this guide
Mental Capacity Act (MCA) Overview
1. What is the Mental Capacity Act? 2. Who is affected and how? 3. What are the responsibilities of services?
What is Mental Capacity?
1. Mental Capacity – what does this mean? 2. Five Core Principles 3. What is lack of capacity? 4. What triggers an assessment? 5. Assessment procedure 6. Formal assessment 7. How to assess capacity? 8. Helping someone to make a decision 9. Keeping records 10. Who can make decisions? 11. Best interests
Assessing Mental Capacity
1. The legislative framework 2. The role of the Public Guardian 3. Powers of Attorney 4. Who can be an Attorney? 5. Court Appointed Deputies 6. Court of Protection Visitor 7. Advance decisions 8. Withdrawing an advance decision 9. Independent Mental Capacity Advocate
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How to use this Knowledge Guide
Do you need this Knowledge?
This guide is designed to help you gain the knowledge you need to understand the
implications of the Mental Capacity Act. This Knowledge Guide provides essential
information for frontline workers and should be used in conjunction with the
Knowledge Guide on the Depravation of Liberty Safeguards.
Your manager is responsible for checking your knowledge, understanding and
competence in your specific workplace(s) before you work unsupervised.
If you already have a good level of knowledge and experience, you could take an
assessment instead and only read sections (or do sections of our eLearning) that you
need to do in order to fill the gaps in your knowledge. By using an assessment, your
knowledge will be recorded and you can build an evidence portfolio of your
competence. This will save you and your manager a lot of time. Your organisation
may have free or funded access to our assessment system. Check with your manager
before you start using this guide. More information about our services can be found
at www.TGMGroup.net.
Reference “Manager”
When we refer to “manager” in this Guide, this is the person responsible for checking
you are competent and confident to work, it may mean something different in your
role, for example: supervisor, line manager, coach, buddy, mentor, employer or
assessor.
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Mental Capacity Act (MCA) Overview
1
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What is the MCA?
Before 2007 people providing care and support were able to make decisions about someone’s care without consulting their “named person”. The people making decisions could be…
A person could also make arrangements about their health and welfare prior to 2007 by completing an Enduring Power of Attorney (EPA). Post 2007, EPA’s only apply to finance.
There were concerns about how people were being treated when they were not able to make decisions about the issues that affected their lives and their relatives were not legally able to make decisions on their behalf.
The Mental Capacity Act 2005, known as MCA, was introduced to change this.
Before the MCA, people could be locked in their rooms or have their freedom restricted in other ways and there was no framework to say what was right and what was wrong.
This was especially the case with people with learning disabilities or dementia. Often decisions were made
about what was thought to be the best for an individual, but without consultation either with the individual or their “named person”.
The MCA provides a formal and legal procedure for making sure that people are kept safe when they might put themselves at serious risk without knowing it.
1.1
people in the National Health Service (NHS)
social workers and care managers
employed by the local council
people in charge of residential homes
people providing care in a person's
own home
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Who could be a named person?
A “named person” can be anyone named by the individual, who is engaged in caring for
the individual or interested in their welfare. An individual’s named person could be any
of the following:
Husband or Wife
Son or Daughter
Father or Mother
Brother or Sister
Grandchild or grandparent
Uncle or Aunt
Nephew or Niece
Neighbour
Friend
Anyone the individual chooses
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Who is affected and how?
The MCA applies to people who have to make decisions about their lives. They could
be:
Each time a decision has to be made, the key question is…
For all sorts of reasons (like an infection for example), someone might not have the
capacity to make a decision on a particular day, but three weeks later, he or she
might have regained capacity.
There is a Code of Practice (revised version from 01.04.15) which gives clear and
detailed guidance about situations in which the MCA applies. People who have to
make decisions about people’s lives must follow this Code of Practice. (There is a link
to the Code under 3.1).
1.2
Does the person
have the
capacity to make
this decision
now?
In hospital In a residential home In their own home
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What are the responsibilities of services?
Each care provider service needs to consider the people in their care whenever
important decisions need to be made about their future treatment and care.
If there is any doubt about whether the individual being supported can make an
informed decision (the decision need not be one which you would think of as wise
or sensible), there needs to be an assessment under the MCA.
All the time you must ask…
Remember that if this process isn’t followed, there could be the possibility of legal
proceedings or claims for compensation against your employer.
If in doubt, always check with your manager. If you think an assessment is necessary
and your manager disagrees, make sure your view and their decision is formally
recorded in writing.
1.3
Does this person
have capacity to
make this decision
at this time?
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What is Mental Capacity?
2
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Mental Capacity – What does this mean?
Mental capacity means a person's ability to make their own choices and decisions.
This includes the ability to make a decision that affects daily life – such as…
…as well as more serious or significant decisions.
It also refers to a person’s ability to make a decision that may have legal
consequences – for them or others. Examples include…
2.1
Agreeing to medical
treatmentBuying goods Making a Will
When to get up
What to wearWhether to go to the doctor
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The starting point must always be to assume that a person has the capacity to make
a specific decision. Some people may need help to be able to make or communicate
their wishes, but this does not necessarily mean that they lack capacity to do so.
What matters is their ability to carry out the processes involved in making the
decision – and not the outcome.
Under UK law, someone's capacity is judged according to the specific decision to be
made, so a person may have sufficient capacity to make simple decisions but not
more complicated ones.
The Code of Practice says what you must do when you act or make decisions on
behalf of people who cannot act or make those decisions for themselves.
You can download an
electronic copy of the
Code of Practice by
clicking on the blue link or
by copying the blue link
into your internet
browser or by clicking on
the green document:
https://www.gov.uk/go
vernment/uploads/syst
em/uploads/attachmen
t_data/file/497253/Me
ntal-capacity-act-code-
of-practice.pdf
The Code of Practice provides guidance to people who:
work with people who cannot make decisions for themselves
care for people who cannot make decisions for themselves
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Five Core Principles
The Mental Capacity Act establishes five core principles. It is really important that
care workers and their managers know these. They are:
Every adult has the right to make his or her own decisions and
must be assumed to have capacity to do so unless it is proved
otherwise.
This means that you cannot assume that someone cannot
make a decision for themselves just because they have a
particular medical condition or disability.
A person must be given all practicable help
before anyone treats them as not being
able to make their own decisions. This
means you should make every effort to
encourage and support people to make
the decision for themselves.
If lack of capacity is established, it is still
important that you involve the person as
far as possible in making decisions.
People have the right to make what others might regard as an unwise or eccentric
decision.
2.2
Principle 1: A Presumption of Capacity
Principle 2: Individuals Being Supported to Make Their Own Decisions
Principle 3: Unwise Decisions
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Everyone has their own values, beliefs
and preferences which may not be the
same as those of other people.
You cannot treat them as lacking
capacity for that reason.
If a person has been assessed as lacking capacity then any
action taken, or any decision made for, or on behalf of that
person, must be made in his or her best interests.
Someone making a decision or acting on behalf of a person who lacks capacity must
consider whether it is possible to decide or act in a way that would interfere less
with the person’s rights and freedoms of action, or whether there is a need to decide
or act at all.
In essence, any intervention should be
proportional to the particular circumstances
of the case.
Principle 4: Best Interests
Principle 5: Less Restrictive Option
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What is lack of capacity?
The Mental Capacity Act says:
“A person lacks capacity if he or she is unable to make a decision for
himself or herself in relation to a matter because of an impairment of,
or a disturbance in the functioning of, the mind or the brain.”
This means a person lacks capacity where their mental health illness makes it difficult
for them to make a certain decision, or a type of decision, at a particular time.
The person must be assessed before it is confirmed that they lack capacity.
Lacking capacity includes where their ability to make decisions is affected…
2.3
Permanently
This is where the ability to make decisions is always affected.
This might be because, for example, the person has a form of dementia, a learning disability or brain injury.
Short Term
This means the person's ability to make decisions changes from day to day.
This might be because, for example, they are confused because they are on medication or because of some mental health conditions, or they are unconscious.
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What triggers an assessment? 2.4
It is likely that there will be circumstances in a person’s life when a significant decision has to be made about their future care and support needs.
Having mental capacity means that a person is able to make their own decisions.
You should always start from the assumption that the person has the capacity to make a decision.
You should be able to show that you have made every effort to encourage and support the person to make the decision themselves.
You must remember that if a person makes a decision which you consider eccentric or unwise, this does not necessarily mean that the person lacks the capacity to make the decision.
Under the MCA, you are required to make an assessment of capacity before carrying out any care.
The more serious the decision, the more formal the assessment of capacity needs to be.
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When should capacity be assessed?
You may need to assess capacity
where a person is unable to make a
particular decision at a particular time
because their mind or brain is affected
by illness or disability.
Lack of capacity may not be a
permanent condition. Assessments of
capacity should be time and decision
specific.
You cannot decide that someone lacks capacity based upon age, appearance,
condition or behaviour alone.
Assessment Procedure
The Code of Practice has produced a checklist summary of points to consider in an
assessment. They are:
•The starting assumption must always be that a person has the capacity to make a decision, unless it can be established that they lack capacity.
•A person’s capacity must be assessed specifically in terms of their capacity to make a particular decision at the time it needs to be made.
2.5
Presuming someone has capacity
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Treating everyone equally
Supporting the person to make the decision for themselves
Assessing capacity
• It is important to take all possible steps to try to help people make a decision for themselves
•A person’s capacity must not be judged simply on the basis of their age, appearance, condition or an aspect of their behaviour
•Does the person have an impairment of the mind or brain, or is there some sort of disturbance affecting the way their mind or brain works? (It doesn’t matter whether the impairment or disturbance is temporary or permanent.)
• If so, does that impairment or disturbance mean that the person is unable to make the decision in question at the time it needs to be made? Assessing ability to make a decision
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Formal Assessment
Anyone assessing someone’s capacity to make a decision for themselves should use
the two-stage test of capacity:
Assessing capacity to make more complex or serious decisions
• Is there a need for a more thorough assessment (perhaps by involving a doctor or other professional expert)?
•Does the person have a general understanding of what decision they need to make and why they need to make it?
•Does the person have a general understanding of the likely consequences of making, or not making, this decision?
• Is the person able to understand, retain, use and weigh up the information relevant to this decision?
•Can the person communicate their decision (by talking, sign language or other means)? Would the services of a professional (such as a speech and language therapist) be helpful?
Assessing ability to make a decision
2.6
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How to Assess Capacity?
The MCA introduces a twostep process for assessing someone’s capacity.
Step 1: The diagnostic test
The first step is known as the diagnostic test. This means looking for evidence that
the person is suffering from…
‘an impairment of, or a disturbance in, the functioning of the mind or brain.’
This is a very wide gateway which would include any form of:
Most people at some time will be covered by this diagnostic test and some people
will always come within it. This doesn’t necessarily mean that they lack capacity to
make a particular decision at a particular point in time.
2.7
Learning disability
Mental ill-health, including dementia
Brain injury, including stroke damage
Neurological damage
Intoxication - from chronic drug use to a couple of glasses of wine
Temporary confusional state casued by infection, illness, tiredness or pain
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Step 2: The decision-specific functional test
This test considers whether the person can make this decision at this time. This is
because you need different understanding to make different decisions. For instance,
someone may not have capacity to manage their money, but may be able to make a
decision about their medical treatment; they may not be able to make a decision
about where they live but may be able to decide how they spend their time.
The first step of the functional test is to be clear what the decision is that needs to
be made. If there is a complex situation there may need to be several capacity
assessments concerning different decisions.
The assessor then needs to establish if the person can:
Understand Retain
Use or weigh Communicate
the information relevant to the decision
the information relevant to the decision
the information as part of the process of making
the decision
communicate the decision
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If the person is unable to do any one of these four things, they lack capacity to make
this decision at this time.
Make sure the person has access to all the relevant information about the decision
and is helped to consider all the subtleties of the decision they need to make.
The person only needs to be able to retain information long enough to use it to make
the decision – there isn’t a requirement for longer term memory.
To be able to use or weigh the information someone
needs to be able to consider conflicting information:
for example: ‘I’ve always wanted to stay in my own
home, but if I fall I might be on the floor all night
before anyone finds me’. They have to be able to
understand the risks and consider the consequences
of their decision
The ability to communicate the decision can be by
any method, for example, sign language or body language would be acceptable.
Helping someone to make a decision
When supporting someone to make a decision, all the relevant facts have to be
considered. Questions will be asked during the assessment and it is important that
the person being assessed is given every opportunity to engage.
2.8
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To assist in answering the question of whether the person has capacity, you will need
to check the following:
Does the individual have all the
relevant information needed to
make the decision?
If there is a choice
of options, has
information been
provided on the
alternatives?
Have the communication
needs of the individual
been taken into account?
The information needs to
be presented in a way that
is easier for them to
understand.
Have different
communication methods
been explored, including
obtaining professional or
carer support?
Consider the risks and
benefits, including
describing the
consequences of making a
decision, and making no
decision. This is particularly
important.
Do you need to involve an
Independent Mental Capacity
Advocate (IMCA) if there is no-one
else to consult with?
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Keeping Records
What and when to record will vary. As a general rule, there is no need to record
assessments of capacity to take day-to-day decisions like what to wear or what to
eat. The Care Plan or Support Plan for the individual should contain sufficient
information to guide Care Workers about day-to-day decision making.
Formal assessments will be clearly documented and the outcomes must be followed.
These will be about more fundamental decisions like care and support packages,
how to manage identified risks, situations when restraint may have to be considered
and financial arrangements.
Remember in order to have protection from liability when providing care and
support, care workers must have a reasonable belief that the person they are
supporting lacks capacity to make relevant decisions about their care or treatment.
In these circumstances, it is useful to be able to describe the steps taken and keep a
written record.
Professionals are subject to higher standards in terms of record keeping and a formal
record will be required to be kept, for example in the individual’s Care Plans notes if
a doctor or a healthcare professional is proposing treatment for someone who lacks
capacity.
2.9
The key thing is if
you are in any doubt
then you must
record it!
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Who can make decisions?
Best Interests
The MCA provides a checklist of factors that decision-makers
must work through in deciding what is in a person’s best
interests.
Some of the factors to take into account are:
Do not discriminate. Never make assumptions about
someone’s best interests merely on the basis of the
person’s age, appearance, medical condition or any
aspect of their behaviour.
Do take into account all relevant circumstances.
If a person has been assessed as lacking capacity then any action taken, or any decision made for, or on behalf of that person, must be made in his or her best interests.
The person who has to make the decision is known as the ‘decision-maker’ and this will normally be the care worker who is responsible for the day-to-day care and support of the individual.
A professional such as a doctor, nurse or social worker will be responsible for making more fundamental decisions about treatment, care arrangements or accommodation need to be made.
2.10
2.11
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Do use balance sheet approach. If faced with a particularly difficult or
contentious decision, it is recommended that a ‘balance sheet’ approach is
taken. This means weighing up the advantages and disadvantages of each
option in turn.
Do consider capacity changes. Will the person regain capacity? If so, can
the decision wait?
Do involve the individual as fully as possible.
Do think about the individual. Take into account their past and present
wishes and feelings, and any beliefs and values likely to have a bearing on
the decision.
Do consult as far and as widely as possible.
It is vital that you record your best interest decision.
Not only does this concur with good professional practice, but
given the evidence-based approach required by the MCA,
you will have an objective record should your decision or
decision-making processes later be challenged.
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Assessing Mental Capacity
3
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The Legislative Framework
The Mental Capacity Act has brought an entirely new
approach to decision-making for people who are faced
with important decisions about their care and
treatment.
It has put into law the ability for an individual to make
their wishes about their care or treatment known in
advance as well as enabling them to make
arrangements for others to legally make decisions on
their behalf if they are not able to do so.
Alongside the Act is a Code of Practice which gives clear guidance about the way in
which the Act works.
The Role of the Public Guardian
The Public Guardian is supported by the Office of the Public Guardian (OPG).
This is a government body that protects the private assets and supervises the
financial affairs of people who lack mental capacity for making decisions. It is an
executive agency of the Ministry of Justice.
The OPG helps protect people who lack capacity by:
3.1
3.2
Setting up and managing a register of Lasting Powers of Attorney (LPA)
Setting up and managing a register of Enduring Powers of Attorney (EPA)
Setting up and managing a register of court orders that appoint Deputies
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Powers of Attorney
Anyone who is aged 18 or older who has the mental ability to make decisions for
themselves can arrange for someone else to make these decisions for them in the
future. This legal authority is called "power of attorney".
The person who is given power of attorney is known as the "attorney" and must be
over 18 years old. The person who is giving the power of attorney is known as the
"donor"
A donor can appoint just one attorney, or more than one attorney, to act as follows:
Supervising Deputies, working with other relevant organisations (for example, social services, if the person who lacks capacity is receiving social care)
Instructing Court of Protection Visitors to visit people who may lack mental capacity to make particular decisions and those who have formal powers to act on their behalf such as Deputies
Receiving reports from Attorneys acting under LPAs and from Deputies
Providing reports to the Court of Protection. Dealing with cases where there are concerns raised about the way in which Attorneys or Deputies are carrying out their duties
3.3
"Jointly" - they must always make decisions together
"Jointly & Severally" - they have to make some
decisions together and some individually
"Jointly" on some matters and "Jointly Severally" on
other matters
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For example, someone can appoint attorneys to act jointly when making decisions
over their money, but state that only one attorney, acting independently (or
severally), should decide where the person should live. The person has the right to
say the attorneys must act jointly on all their affairs.
If more than one attorney is appointed to deal with the same issue, they must act
jointly unless the power of attorney states they do not need to. The attorneys must
agree before they act on the issue.
There are three different types of power of attorney:
The Enduring Power of Attorney was abolished in 2007 when the Mental Capacity
Act came in but any arrangements made before then are still valid unless they have
been replaced by a Lasting Power of Attorney.
Before a Lasting Power of Attorney comes into force, it must be registered with the
Office of the Public Guardian.
1
2
3
• Personal Welfare Lasting Powers of Attorney
• Property and Affairs Lasting Powers of Attorney
• Enduring Power of Attorney
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Who can be an Attorney?
Anyone can be an attorney, as long as:
• they are capable of making decisions, and
• they are 18 or over.
In some cases, someone who is bankrupt cannot be an attorney. If an attorney
becomes bankrupt, power of attorney may be taken away. Solicitors and trust
corporations such as banks can act as an attorney.
Professional attorneys can charge for their services. If your attorney is a friend or
relative, they can claim expenses provided the individual has agreed to this on the
Lasting Power of Attorney (LPA) form.
The individual can appoint more than one
attorney. This can work in one of two ways:
Attorneys appointed to act together (also
known as joint attorneys) – this means they
must always act together.
The advantage of this arrangement is that it
makes it harder for an attorney to commit fraud
or do something against the interests of the
individual. The disadvantage, is that the whole
power of attorney comes to an end if one
attorney dies or becomes mentally incapable.
When Attorneys are appointed to act together and independently (also known as
joint and several attorneys), it means that the signature or action of one attorney is
as valid as if they were the only attorney. It also means that the power of attorney
will continue in force if anything happens to one of the attorneys.
3.4
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Court Appointed Deputies
If someone has not appointed an attorney, the Court of Protection can appoint
someone as a deputy. You can apply to become someone’s deputy if they ‘lack
mental capacity’.
This means they cannot make a decision for themselves at the time it needs to be
made. They may still be able to make decisions for themselves at certain times. As
a deputy, you will be authorised by the Court of Protection to make decisions on
their behalf.
There are 2 types of deputy, just as there are two types of attorney:
You can apply to be just one type of deputy or both. If you’re appointed, you’ll get a
court order saying what you can and can’t do.
The Court of Protection will check:
• Whether the person needs a deputy or some other
kind of help
• There are no objections to your appointment
If you’re appointed, the Office of the Public Guardian
will help you carry out your responsibilities.
You may have to complete an annual report.
3.5
1
2
• Property and financial affairs e.g. paying bills, organising a pension
• Personal welfare e.g. making decisions about medical treatment and how someone is looked after
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Court of Protection Visitor
A Court of Protection Visitor is appointed
by the Court to visit individuals who are
under its jurisdiction and those acting for
them (whether they are attorneys or
deputies).
They report to the Public Guardian or
Court of Protection about the
individual’s needs, wishes and best
interests and on how effectively the
deputy or attorney is managing their
affairs.
Deputies and attorneys, will be supervised by the Office of the Public Guardian
(OPG). They are authorised to contact deputies and attorneys to arrange a visit to
check they are being effective in their role. They can also provide advice and support.
Deputies and attorneys may be visited by a Court Protection Visitor to check if they:
3.6
Understand their duties
Have the right level of support from OPG
Are carrying out their duties properly
Are being investigated because of a complaint
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Advance Decisions
An advance decision is sometimes known as an advance decision to refuse
treatment, ADRT or a Living Will. It is a decision that an individual can make about
specific types of treatment they wish to have or refuse at some time in the future.
Advance decisions ensure everyone
involved in providing care and support to
the individual know their wishes if they are
unable to make or communicate those
decisions at a time in the future when the
decision needs to be made.
An individual can make an advance
decision, as long as they have the mental
capacity to make such decisions. Their
wishes need to be clearly set out stating all
the circumstances in which they want to
refuse treatment.
They can refuse a treatment that could potentially keep them alive (known as life-
sustaining treatment). This includes treatments such as ventilation and cardio
pulmonary resuscitation (CPR), which may be used if they cannot breathe by
themselves or if their heart stops.
Individuals should be encouraged to
discuss making advance decisions
with a doctor or specialist who
knows about their medical history
before they make and document this
advance decision.
If an individual decides they wish to
refuse a treatment, it is not the same
as asking someone to end their life or
to help them to end their life. Intentionally ending a life, even if it is in order to
relieve pain and suffering is called euthanasia or assisted suicide which is illegal
under English law.
3.7
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If an individual decides to refuse life-sustaining treatment in the future, their
advance decision needs to be:
Life-sustaining treatment is treatment that replaces or supports ailing bodily
functions. For example, a mechanical ventilator can help a person to breathe, or
taking antibiotics can help their body to fight infection. If they wish to refuse life-
sustaining treatments in circumstances where they might die as a result, they need
to state this clearly in their advance decision. Life-sustaining treatment is sometimes
called life-saving treatment.
An advance decision is legally binding as long as it:
If an advance decision is legally binding, it takes the place of decisions made in the
individual’s best interest by other people. An advance decision may only be
considered valid if:
Written down Signed by themSigned by a
witness
Complies with the Mental
Capacity ActIs valid
Applies to the situation
the individual is aged 18 or over and had the capacity to make, understand and communicate their decision when they made it
the individual specified clearly which treatments they wish to refuse
the individual explained the circumstances in which they wished to refuse
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Withdrawing an Advance Decision
An Advance Decision can be withdrawn at any time whilst someone still has mental
capacity to do so. There is no formal process to follow. People can cancel their
decision verbally or in writing and they can destroy any original written document.
Where possible, the person needs to make sure that
the people involved in their care and anyone else
who has a copy of the Advance Decision are made
aware of this change and destroy copies which are
no longer valid. A verbal cancellation must be
recorded in the Care Plan, so there is a written
record for future reference.
People can make changes to an Advance Decision verbally or in writing. Again,
verbal changes should be recorded in the person’s Care Plan. If the person wants to
change an Advance Decision to include a refusal of life-sustaining treatment, they
must follow similar procedures to setting up an Advance Decision.
Independent Mental Capacity Advocate (IMCA)
IMCAs are a safeguard for people who lack capacity to make important decisions
when there is no-one else, either family or friend who is appropriate to consult.
The IMCA role is to support and represent the person in the decision-making
process. Essentially they make sure that the Mental Capacity Act 2005 (MCA) is being
followed.
The IMCA (General) Regulations 2006 set out the IMCA’s role and functions.
it is signed by the individual and by a witness if the individual wishes to refuse life-sustaining treatment
the individual has made the advance decision of their own accord, without any harassment by anyone else
the individual has not said or done anything that would contradict the advance decision since it was made (for example, saying that they have changed their mind)
3.8
3.9
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These are grouped into four areas:
1. Gathering information
• Meet and interview the person (in private if possible).
• Examine relevant health and social care records.
• Get the views of professionals and paid workers.
• Get the views of anybody else who can give information about the wishes and feelings, beliefs or values of the person.
• Find out other information which may be relevant to the decision.
2. Evaluating information
• Check that the person has been supported to be involved in the decision.
• Try to work out what the person’s wishes and feelings would be if they had capacity to make the decision and what values and beliefs would influence this.
• Make sure that different options have been considered.
• Decide whether to ask for a second medical opinion where it is a serious medical treatment decision.
3. Making representations
• IMCAs should raise any issues and concerns with the decision maker. This could be done verbally or in writing. IMCAs are required to produce a report for the person who instructed them. In most cases this should be provided to the decision maker before the decision is made. People who instruct IMCAs must pay attention to any issues raised by the IMCA in making their decision.
4. Challenging decisions
• In many cases IMCAs will be able to resolve any concerns they have with the decision maker before the decision is made. Where this has not been possible IMCAs may formally challenge the decision-making process. They can use local complaint procedures or try to get the matter looked at by the Court of Protection.
Knowledge Guide
MCA Essentials
38
What’s next…..
An essential part of your development is to assess, evidence and record what you
have learnt. You may be entitled to use our assessment and evidence recording
system. Your manager is responsible for supporting you with this, with observing
your practice and ensuring you are competent in your work place.
Checking your knowledge, competence and practice will be a regular part of your
ongoing Continuous Professional Development.
By taking an assessment first, you may find you already have some, most, or all
of the knowledge required and you can save time by avoiding repeating subjects
and courses unnecessarily.
More information about our resources can be found at www.TGMGroup.net.
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a blended learning approach towards learning and achieving competence. It is subject to the following criteria:
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We strongly recommend that you use this guide electronically to save paper.
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or accuracy for all work settings. If you download an electronic version from our website, these will be kept updated as
appropriate. We are not responsible for keeping any versions you have previously downloaded and amended up to date.
