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Mental Capacity Act 2005: A Guide for Practice 3rd Revised edition [Mīkstie vāki]

  • Formāts: Paperback / softback, 320 pages, height x width: 246x171 mm, weight: 560 g
  • Sērija : Post-Qualifying Social Work Practice Series
  • Izdošanas datums: 05-Oct-2015
  • Izdevniecība: Learning Matters Ltd
  • ISBN-10: 1446294218
  • ISBN-13: 9781446294215
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  • Formāts: Paperback / softback, 320 pages, height x width: 246x171 mm, weight: 560 g
  • Sērija : Post-Qualifying Social Work Practice Series
  • Izdošanas datums: 05-Oct-2015
  • Izdevniecība: Learning Matters Ltd
  • ISBN-10: 1446294218
  • ISBN-13: 9781446294215
Citas grāmatas par šo tēmu:
Now updated to include the full text of the Deprivation of Liberty Safeguards and recent case law, this book explains how the Mental Capacity works in practice and will be essential reading for Best Interest Assessors and all those who work in the mental health professions.

The Mental Capacity Act 2005 and its accompanying Codes of Practice have had a significant impact on the various mental health professions including social workers, Best Interest Assessors, mental health nurses and the Approved Mental Health Professional (AMHP). Understanding how the Mental Capacity Act works in practice is essential and is a statutory duty for all local authorities in England. This book will help the busy practitioner in the following ways:

1) Sets out the full text of the main body of the Act for quick reference
2) Contains practical advice and checklists for working with the Act and the main principles and Codes of Practice
3) Shows how the Mental Health Act and Mental Capacity Act interact so that statutory requirements can be put into practice.

This fully updated third edition includes the full text of the Deprivation of Liberty Safeguards and contains recent case law, making it essential reading for Best Interest Assessors and all those who work in the mental health professions.

Now updated to include the full text of the Deprivation of Liberty Safeguards and recent case law, this book explains how the Mental Capacity works in practice and will be essential reading for Best Interest Assessors and all those who work in the mental health professions.
Foreword from the Series Editor xiii
About the authors xiv
Preface to the 2015 edition xv
1 Background to the Mental Capacity Act 2005 1(4)
Introduction
1(1)
Key issues to be resolved
1(1)
The concept of mental capacity
1(1)
The work of the Law Commission
1(2)
Who Decides?
3(1)
Making Decisions
3(1)
The Mental Incapacity Bill
3(2)
2 The key features of the Mental Capacity Act 2005 5(8)
Introduction
5(1)
The five principles
5(1)
Mental incapacity defined
6(1)
Best interests
6(1)
Protection for those making decisions
7(1)
Lasting Powers of Attorney
8(1)
Deputies and declarations
8(1)
Advance decisions
8(1)
Independent Mental Capacity Advocates (IMCAs)
9(1)
The Court of Protection and the Public Guardian
9(1)
Other issues
10(3)
3 The Code of Practice (sections 42-43) 13(5)
Introduction
13(1)
What does the Code of Practice cover?
13(1)
To whom does the Code of Practice apply?
14(2)
What is the status and effect of the Code?
16(2)
4 Principles (section 1.) 18(6)
Introduction
18(1)
The five principles
18(1)
A person must be assumed to have capacity
19(1)
Practicable steps to help the person make a decision
19(2)
Unwise decisions
21(1)
Best interests
21(1)
Less restrictive approach
21(3)
5 What is lack of capacity? (sections 2-3) 24(7)
Introduction
24(1)
Non-discrimination
25(1)
The section 3 'functional' test
26(1)
Situations requiring the capacity test
27(1)
What is a reasonable belief that someone lacks capacity?
27(1)
A checklist for assessing capacity
28(2)
Recording by professionals
30(1)
6 Best interests (section 4) 31(7)
Introduction
31(1)
The checklist approach
31(1)
The principle of equal consideration
31(1)
All relevant circumstances
31(1)
Regaining capacity
31(2)
Participation of the individual
33(1)
Life-sustaining treatment
33(1)
Wishes, feelings, beliefs and values
34(1)
The views of other people
34(1)
Best interests checklist
35(3)
7 Protection for those making decisions (sections 5-8) 38(6)
Introduction
38(1)
Section 5 acts
38(1)
Restraint
39(1)
Deprivation of liberty
40(1)
What amounts to deprivation of liberty?
41(1)
Financial implications of section 5 decisions
41(2)
Key checks for decision-makers
43(1)
8 Lasting Powers of Attorney (sections 9-14 and 22-23) 44(7)
Introduction
44(1)
What is a Lasting Power of Attorney?
44(1)
What can an LPA cover?
45(1)
The formal requirements
45(1)
To what controls are attorneys and LPAs subject?
46(1)
How might an LPA be limited in scope?
47(1)
Who may be an attorney?
48(1)
The role and duties of an attorney
48(1)
Advance decisions and Lasting Powers of Attorney
49(1)
Does the law limit the powers of an attorney?
49(1)
The role and powers of the Court of Protection
49(1)
Transitional arrangements for Enduring Powers of Attorney (EPAs)
50(1)
Key points and questions relating to Lasting Powers of Attorney
51(1)
9 Deputies and declarations (sections 15-21) 51(9)
Introduction
51(1)
The power to make declarations
51(2)
The power to make decisions
53(1)
The approach of the court
54(1)
Personal welfare decisions
55(1)
Property and affairs decisions
55(1)
The power to appoint a deputy
56(1)
When might a deputy be appointed?
57(1)
What restrictions affect a deputy's powers?
57(1)
The responsibilities and duties of a deputy
58(1)
Key points and questions relating to the Court of Protection and deputies
59(1)
10 Advance decisions to refuse treatment (sections 24-26) 60(8)
Introduction
60(1)
The statutory provisions
60(1)
An advance decision must be valid
61(1)
An advance decision must be applicable
61(1)
What are the formal requirements?
61(2)
The effect of a valid and applicable advance decision
63(1)
Protection for healthcare professionals
63(1)
Problems in practice
64(1)
Advance decisions refusing treatment for mental disorder
65(1)
Advance decisions and Lasting Powers of Attorney
66(1)
Conscientious objections by healthcare professionals
66(1)
Key points and questions relating to advance decisions
66(2)
11 Independent Mental Capacity Advocates (IMCAs) (sections 35-41) 68(8)
Introduction
68(1)
Purpose of the service
68(1)
Powers of the advocate
69(1)
The need for an IMCA
70(3)
Exceptions: when an IMCA will not be needed
73(1)
Other circumstances when an IMCA could be involved
73(1)
The role of the IMCA
73(1)
Training and procedures for staff on the role of the IMCA
74(2)
12 The Court of Protection and the Public Guardian (sections 45-61) 76(7)
Introduction
76(1)
The court structure
77(1)
When might an application be made?
77(1)
Who can apply to the Court of Protection?
78(1)
Court of Protection Visitors
79(1)
The Public Guardian
80(1)
How will the Public Guardian operate in practice?
80(3)
13 Other issues 83(3)
Ill-treatment and neglect (section 44)
83(1)
Exclusions
84(1)
Specific exclusions
84(2)
14 Research 86(3)
Introduction
86(1)
What research is affected by the Act?
86(1)
The requirements for approval
86(1)
The requirement of consultation
87(1)
Other safeguards
88(1)
15 Links with other areas of law 89(10)
Links with the Human Rights Act 1998
89(1)
Relevance of the Human Rights Act 1998 in the passage of the Bill
90(1)
Articles 2, 3 and 8 of the European Convention on Human Rights
91(2)
Links with the Mental Health Act 1983
93(1)
Mental incapacity compared with mental disorder
93(1)
Consent to treatment under the Mental Health Act 1983
94(1)
Other links with the Mental Health Act 1983
95(1)
Links with the children's law
95(1)
Links with the common law
96(3)
16 Deprivation of Liberty Safeguards 99(19)
Introduction
99(1)
Lawful ways to deprive someone of their liberty
99(1)
The Deprivation of Liberty Safeguards (DOLS) procedure
100(1)
Managing authority
100(1)
Supervisory body
100(1)
Request for a standard authorisation
101(1)
Standard authorisation application information
101(3)
Assessment to establish if an unauthorised deprivation of liberty is occurring
104(1)
The six assessments
104(1)
Age
105(1)
Mental health
106(1)
Mental capacity
106(1)
Best interests
106(2)
Relevant person's representative
108(1)
Eligibility
109(1)
No refusals
110(1)
Authorisation of deprivation of liberty Giving information
111(1)
Selection of assessors
111(1)
Equivalent assessments
111(1)
Expiry of an authorisation
111(2)
Urgent authorisation
113(1)
Independent Mental Capacity Advocates (IMCA)
114(1)
Reviews
115(1)
Suspension of an authorisation
116(1)
Protection from liability
116(1)
Key points
116(2)
17 The interface between the Mental Capacity Act and the Mental Health Act 118(16)
Introduction
118(2)
Treatment (amounting to a restriction of movement)
120(1)
Treatment (amounting to a deprivation of liberty)
121(1)
Accommodation (amounting to a restriction of movement)
121(3)
Accommodation (amounting to a deprivation of liberty)
124(1)
Examples of provisions that can be used together
125(1)
Examples of provisions that cannot be used together
126(1)
Choice of Act
127(1)
Examples of when the MCA may not be relied upon
128(2)
Care or treatment in a hospital amounting to deprivation of liberty
130(1)
Key points
131(3)
18 The distinction between restriction of movement and deprivation of liberty 134(9)
Introduction
134(1)
Article 5 of the ECHR and related case law
134(1)
P v Cheshire West and Chester; P & Q v Surrey County Council (2014)
135(1)
Deprivation of liberty
136(1)
Establishing the presence of deprivation of liberty, a practice guide
137(1)
Deprivation of liberty: aged under 18
138(1)
Why is the distinction relevant to practice?
139(1)
The Mental Capacity Act 2005
140(1)
The Mental Health Act 1983
140(1)
Common law doctrine of necessity
140(1)
Decision-making
141(1)
Conclusion
141(1)
Key points
142(1)
Appendix 1 The Mental Capacity Act 2005 143(130)
Appendix 1A DOLS Regulations on Representative
260(5)
Appendix 1B DOLS Assessment Regulations
265(8)
Appendix 2 Helping people to make their own decisions 273(2)
Appendix 3 Assessing capacity 275(2)
Appendix 4 Best interests checklist 277(2)
Appendix 5 Multiple choice answers 279(5)
Appendix 6 Lasting Powers of Attorney and advance decisions 284(1)
Appendix 7 Identifying a deprivation of liberty 285(4)
Appendix 8 The DOLS procedures 289(1)
References 290(4)
Index 294
Robert Brown is a Visiting Fellow at Bournemouth University and was a Founding Director of Edge Training and Consultancy Limited. He was a Mental Health Act Commissioner from 1992 until 2010. He provides refresher training for Approved Mental Health Professionals (AMHPs) and Best Interest Assessors (BIAs) and contributes to the training of section 12 approved doctors and Approved Clinicians in South West England and Wales. He provides consultation and supervision for the AMHPs/BIAs in the Deprivation of Liberty Team in Cornwall. Rob also provides consultation to Lead AMHPs in Hampshire, the Isle of Wight, Lambeth, Portsmouth and West Berkshire. He has published widely in the field of mental health and mental capacity law. Paul Barber qualified in 1976. Until December 2003 he was a partner at Bevan Ashford Solicitors (now Bevan Brittan) where for many years he led the firms NHS Litigation Department, increasingly specialising in the field of Mental Health and Human Rights law. He is now a Consultant to the firm and a freelance trainer and lecturer. He is extensively involved in training Approved Social Workers and lecturing on Section 12 Approval courses for doctors. He also provides training for the Mental Health Act Commission and numerous NHS Trusts and Health Authorities. Debbie Martin is a guest lecturer for the Swansea University Approved Mental Health Professional programme. She is also involved in the training of section 12 Approval and Approved Clinician courses, and provides training to various NHS Trusts, Health Authorities, Health Boards and Local Authorities. She has published in the field of mental health and mental capacity law. She is a registered social worker, and has practised as a social worker, a mental health manager and an Approved Mental Health Professional.