Mental Capacity

Supporting People with the Mental Capacity Act 2005: 

At VS Social care consultancy we can  play a pivotal role in ensuring that individuals and care providers understand and correctly implement the Mental Capacity Act (MCA) 2005. Our support focuses on understanding and implementing the legislation appropriately, best practices, and empowering those who may lack capacity.

1. Staff Training and Development

  • Tailored MCA training for care staff, managers, and professionals on the five statutory principles.

  • Workshops and refreshers on capacity assessments, best interests decisions, DoLS and CDoLS and documentation.

  • Case studies and role plays to embed learning in real-world settings.

2. Policy and Documentation Support

  • Reviewing and developing MCA-compliant policies and procedures.

  • Creating or improving capacity assessment templates, best interest forms, and decision-making records.

  • Ensuring proper documentation for Deprivation of Liberty Safeguards (DoLS) and transition to Liberty Protection Safeguards (LPS).

3. Capacity Assessment Guidance

  • Supporting care providers in understanding when and how to assess capacity.

  • Assisting in complex or disputed capacity assessments, especially in safeguarding scenarios.

  • Signposting or liaising with professionals such as IMCAs (Independent Mental Capacity Advocates) where appropriate.

4. Safeguarding and Advocacy

  • Ensuring decision-making is in the best interests of individuals lacking capacity.

  • Promoting person-centred care planning that respects autonomy and dignity.

  • Facilitating or attending best interest meetings where families or professionals disagree.

5. Audit and Compliance Checks

  • MCA audits to ensure legal and regulatory compliance with the Care Quality Commission (CQC) and other bodies.

  • Feedback and action plans to improve service delivery and reduce legal risk.

Frequently Asked Questions

Q.   What should I do if a resident refuses to take their medication but appears to understand the consequences?A. If the person understands the information, can weigh up the pros and cons, and communicates their decision, they are likely to have capacity—even if the decision seems unwise. You must respect their choice and record your observations clearly. Seek advice from a manager, but do not force medication, as this could be unlawful.

Q.  How can I ensure staff are consistently applying the MCA in day-to-day care?A. Provide regular training and refreshers on the MCA and decision-making. Use case studies and supervision sessions to check understanding. Ensure all care plans reflect capacity considerations and best interest decisions. Audit records for proper documentation of capacity assessments and consults. Embedding MCA into team culture helps ensure both legal compliance and quality care

Q.   What should I do if a family member is insisting on making decisions for a person who lacks capacity, but they are not the legal representative?A. Only someone with legal authority—such as a Lasting Power of Attorney (LPA) for health and welfare or a Court of Protection deputy—can make decisions on behalf of someone who lacks capacity. If the family member does not hold this authority, decisions must be made in the person’s best interests, ideally involving a multi-disciplinary team. In cases of disagreement or concern, seek advice from the local safeguarding team or IMCA services.

How To Enquire About This Service

Call us on 07823 436 773 or use the form below to contact us by email.