The Mental Capacity Act so far – More prosecutions for abuse and neglect in care homes seem likely

Posted on May 1st, by editor in Caring Times. No Comments

*On April 1st, some important provisions of the Mental Capacity Act 2005 came into force. JONNY LANDAU looks at how these may affect care home providers.* By now, anyone who works as a professional with people who lack capacity, or anyone paid in relation to acts for or in relation to a person who lacks capacity, should have read relevant parts of the Mental Capacity Act Code of Practice issued in April. In practice that means all care workers, managers and directors in the social care setting. There has to be considerable doubt about whether that aim is at all realistic. The document is 296 pages long, containing 16 chapters including a chapter on Data Protection and Freedom of Information, a notoriously complicated area of law. The Code is surprisingly accessible however and, aside from the statutory requirement to have regard to it, worth a look. It is available on the website of the Department for Constitutional Affairs – Throughout the Code, practical case studies illustrate the points

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