During an assessment of Substance misuse services
Mental Capacity Act Compliance
- 100% of staff had had training in the Mental Capacity Act. This was eLearning and included Deprivation of Liberty Safeguards.
- Staff did not always have a good understanding of the Mental Capacity Act, in particular the five statutory principles. When asked, staff told us that they were not involved in capacity assessments, and that they would always refer to statutory services to lead on this. However, when explored, staff were making assessments of people’s capacity to engage in services and make decisions, for example when they were under the influence of substances.
- The provider had a policy on the Mental Capacity Act. Staff were aware of the policy and had access to it.
- Staff took all practical steps to enable clients to make their own decisions. Where there were concerns about a client's understanding, records showed that contact had been made with mental health services and safeguarding referrals had been made for individuals who were being taken advantage of, related to their understanding.
- For clients who might have impaired mental capacity, staff assessed and recorded capacity to consent appropriately. Staff assessed people’s capacity to consent to their treatment at point of assessment for the service. There was a prompt sheet for staff to follow, which included clients’ ability to understand the information, retain the information, weigh up the information and communicate their decision.
- When clients lacked capacity, staff made decisions in their best interests, recognising the importance of the person’s wishes, feelings, culture and history. Records showed staff were involved in ‘managing high risk together’ meetings for clients where several professionals were involved with clients who were living in high risk situations.
- The service did not have arrangements to monitor adherence to the Mental Capacity Act.