1.1 Summarise the main purpose and principles of relevant legislation and codes of practice relating to mental capacity and how these principles interact
The mental capacity of individuals is not determined by assumptions but through stringent legislation and derived codes of practice in Adult Care. The Mental Capacity Act 2005, including its amendments in 2007 and later the Mental Capacity (Amendment) Act 2019, serves as foundational legislation aimed at empowering and protecting individuals who may not have the mental capacity to make certain decisions for themselves (Department of Health & Social Care, 2019). Central to these laws are five key principles designed to respect autonomy and ensure that any action taken or decision made on behalf of an individual is done so with their best interest as paramount—an ethical imperative echoed in the professional codes of practice.
Firstly, it is presumed that adults have full decision-making capabilities unless proven otherwise through assessment (Mental Capacity Act Code of Practice, 2007). Secondly, individuals must be given all necessary support before concluding they cannot make a decision. Importantly, the ability to make unwise decisions does not equate to a lack of capacity. The fourth principle stipulates options should be in the perception of least restrictiveness towards one’s rights and freedoms when making a determination for someone else. Finally, any act done or decision made on behalf of someone without capacity must be in their best interest—a concept deeply integrated into every legislative framework.
Intersecting with this framework is the Care Act 2014 which provides guidance on adult social care including assessments and personal budgets (Scie.org.uk, n.d.), while general wellbeing principles harmonise with those in the MCA. The Liberty Protection Safeguards offer protection against arbitrary deprivation of liberty under conditions that fall within this ecosystem.
Mental health considerations are also encompassed under the broader spectrum—specifically addressed by The Mental Health Act 1983 along with its subsequent amendment in 2007—which primarily deals with cases where people with serious mental health issues require compulsory treatment (Mind.org.uk, n.d.).
Finally, supporting these care principles requires sensitive handling of personal data—highlighted by compliance with standards set forth by the Data Protection Act 2018—to ensure confidentiality and trust between service providers and those requiring assistance remain intact (ICO.org.uk).
Holistically examining this legislative guidance clarifies its purpose: protecting vulnerable individuals while maintaining their dignity and rights. This protective measure ensures that everyone has access to fair treatment and care regardless of their mental state.
Other answers in the full document:
- 1.2 Explain how these principles underpin practice in adult care
- 1.3 Explain what is meant by ‘valid consent’
- 1.4 Describe a range of factors that influence an individual’s mental capacity and ability to express consent
- 1.5 Explain the relationship between an individual’s mental capacity, consent, choice and safety
- 2.1 Describe own role and responsibilities in relation to relevant principles, legislation and codes of practice, and upholding individuals’ rights
- 2.2 Explain the importance of establishing an individual’s consent when providing care and support
- 2.3 Give examples of how personal values and attitudes can influence perceptions of:
- different situations
- individuals’ capacity
- 2.4 Describe a range of strategies and skills that could be used to maximise individuals’ capacity to make their own decisions
- 2.5 State own role in identifying when an assessment of capacity may be required
- 2.6 Explain the steps to o take if consent cannot be readily established and own role in this
- 3.1 Explain what is meant by ‘restrictive practice’
- 3.2 Explain the importance and impact of seeking the least restrictive option for individuals
- 3.3 Identify how to raise concerns when restrictions appear out of proportion with evident risk
- 3.4 Summarise the organisational policies and procedures in relation to restrictive practices and own role in implementing these