Annual Review & Moving on Plan: guidance notes for Mental Capacity Act
This section should be completed when the young person is considered to have a condition which affects their mental capacity to make their own decisions: there will have been an inter-disciplinary process involved and written assessments of capacity and records of best interests decision making in relation to the young person will be available to attach to the Annual Review & Moving on Plan.
Queries and concerns about the Mental Capacity Act can be discussed with Mental Capacity Act Programme Manager for Swindon Borough Council and NHS Swindon, tel: 01793 463165 Mobile number 07717 801 488
What is the Mental Capacity Act 2005? A statutory legal framework either for protecting a person’s right to make decisions for themselves, or for acting or making decisions on behalf of individuals when they lack the mental capacity to do this for themselves at the time the decision needs to be made or take an action at the time it needs to be taken.
What does lack of mental capacity mean? A person lacks capacity to make a particular decision or take a particular action for him or herself at the time the decision or action needs to be taken because of the impact on decision making ability of “an impairment of, or disturbance in, the functioning of the mind or brain” eg a brain injury, a significant learning disability or mental disorder
How may it be relevant for this student? It applies to everyone working with or caring for a young person over 16 or an adult, who has a condition which may affect their ability to make specific decisions in relation to their personal welfare including their healthcare and their property and financial affairs; it applies whether these decisions are life changing or every day.
How does the Mental Capacity Act Work? The Act is based on five Statutory Principles we must all follow and when we have a Duty of Care we must show how we have had regard to the requirements of the Act:
1) We always assume a person has capacity to make their own decisions unless there are indications that this may not be the case: having an illness or disability does not mean a person cannot make their own decisions.
2) We must do everything reasonably practicable to support a person to make their own decisions
3) We must respect and support the right of a person to make their own decisions when they have capacity to do this even when others may feel a decision or action is unwise or risky
4) If someone is assessed as lacking mental capacity to make a particular decision, any decision made/action taken on their behalf must be shown to be in their best interests. This means that all the options must be taken into account and the medical, emotional, social and welfare interests weighed up: the wishes and preferences of the person must always be taken into account.
5) When a decision is made on the behalf of a person, it must limit their rights and freedomsas little as possible while still allowing for their best interests to be met.
What happens when a young person has a condition which may affect their mental capacity to make a particular decision? The Act sets out processes we must follow when we are supporting or caring for a person who may lack capacity to decide these arrangements for him or herself:
1) How capacity is assessed and recorded a) by identifying what condition the person experiences and b) whether/how this prevents them from understanding information relevant to the decision, retain it and weigh it up in the light of this information and communicate their decision (verbally/non-verbally) Failure to achieve any of these steps indicates lack of capacity at the time to make the decision 2) How we work out who is then responsible for making particular decisions, how these decisions should then be made in a person’s best interests and how we demonstrate we have used the statutory Best Interests Checklist 3) Who should be consulted about decisions made on behalf of a person who lacks capacity 4) How the person is protected when others are making a decision on his or her behalf eg IMCA or Court of Protection 5) What to do when decisions or actions are likely to be particularly restrictive 6) What to do when there is a difference of views between professionals and/or families
Support needed to help me when I need to make decisionsSpecial Equipment and support needed so that I can access all appropriate opportunities
Support that I will need next year, throughout my transition and at my next placement.
Support needed to help me with everyday things like washing, dressing, eating, shopping, cooking, domestic skills etc.
Mental Capacity Act 2005
Am I aged 16 or over and do I have a condition that affects my mental capacity to make particular decisions for myself?
After an assessment of my mental capacity, it was agreed that I do not yet have the capacity to make the following decisions which will be made on my behalf in my best interests (please list and attach evidence of capacity assessment and best interests decision-making):
When and how will my capacity assessments be reviewed?
Has anyone been appointed to make decisions on my behalf under the Mental Capacity Act or should this be considered?
By Me (if I am over 18)
Lasting Power of Attorney for Property and Financial Affairs
Lasting Power of Attorney for Health and Welfare / ☐Yes ☐ No ☐To be arranged
☐Yes ☐ No ☐To be arranged
By the Court of Protection
Court of Protection Deputy for Property and Financial Affairs
Court of Protection Deputy for Personal Welfare /
☐Yes ☐ No ☐To be arranged
☐Yes ☐ No ☐To be arranged
Do I need the support of an Independent Mental Capacity Advocate (IMCA) / ☐Yes ☐ No ☐To be arranged
If you think you will need support from Adult Services after you are 18, please fill in this section.