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CQC: Pending | Ofsted: N/A
POL05
Mental Capacity Act & Consent Policy
Registered Manager: [Manager Name]  |  DSL: [DSL Name]
Version: 1.0  |  Review Date: [Annual Review]  |  Legislation: Mental Capacity Act 2005, MCA Code of Practice 2007, Mental Capacity (Amendment)...
1. The Five Statutory Principles

[ORGANISATION NAME] upholds and applies the five statutory principles of the Mental Capacity Act 2005 in all care and support decisions.

  • Principle 1 โ€” A person must be assumed to have capacity unless it is established that they lack it
  • Principle 2 โ€” A person is not to be treated as unable to make a decision unless all practicable steps to help them do so have been taken without success
  • Principle 3 โ€” A person is not to be treated as unable to make a decision merely because they make an unwise decision
  • Principle 4 โ€” An act done or decision made under the MCA for or on behalf of a person who lacks capacity must be done, or made, in their best interests
2. Capacity Assessment Procedure

A capacity assessment must be conducted when there is reason to believe that a person may lack capacity to make a specific decision at a specific time. Capacity is decision and time specific โ€” a person may lack capacity to make complex financial decisions but retain capacity to make decisions about their daily care.

The two-stage test requires: Stage 1 โ€” Is there an impairment of, or disturbance in, the functioning of the person's mind or brain? Stage 2 โ€” Does that impairment or disturbance mean that the person is unable to make the specific decision? A person is unable to make a decision if they cannot: understand information relevant to the decision; retain that information; use or weigh that information; or communicate their decision.

3. Best Interests Decision Making

Where a person lacks capacity, any decision made on their behalf must be in their best interests. The decision-maker must consider: the person's past and present wishes, feelings, beliefs, and values; the views of family members, carers, and advocates; and whether the decision can be delayed until the person may regain capacity.

4. Deprivation of Liberty Safeguards (DoLS)

Where [ORGANISATION NAME] reasonably believes that it is necessary to deprive a service user of their liberty in order to provide care or treatment in their best interests, and the person lacks capacity to consent, the Managing Authority (which is [ORGANISATION NAME]) must apply for a DoLS standard authorisation from the supervisory body (the Local Authority for care homes; the NHS body for hospitals).

5. Advance Decisions and Lasting Power of Attorney

[ORGANISATION NAME] will respect and act upon any valid Advance Decision to Refuse Treatment (ADRT) made by a person when they had capacity. An ADRT refusing life-sustaining treatment must be in writing and signed and witnessed. LPA for Health and Welfare must be registered with the Office of the Public Guardian before it can be used.

6. Record Keeping and Review

All capacity assessments and best interests decisions must be documented in the individual's care record. This policy is reviewed annually.

This policy continues with detailed procedures, staff responsibilities, record keeping requirements, monitoring arrangements, and sign-off section covering all regulatory obligations...

The full document is minimum 6 pages when generated as a PDF, covering all sections required by CQC Regulation 11.

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Mental Capacity Act & Consent Policy

CQC Regulation 11 Ofsted Support Standard
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