Mental Capacity Act 2005 training

Mental Capacity Act 2005 training

Following a change in the law all care workers need to update themselves on the law around consent and capacity. The new Mental Capacity Act is important to all care workers because it mainly deals with people who are not necessarily mentally ill but who may well have difficulty making decisions for themselves.

This might include people aged 16 or over who:

• Are elderly, infirm or suffering from dementia
• Have suffered a stroke or acquired brain injury
• Have a mental disorder or learning disability
• Are intoxicated
• Develop any form of toxic confusion or ‘acute confusional state'
• Object to required treatment on moral, religious or other grounds

The Nursing and Midwifery Council has made awareness of the Mental Capacity Act a condition of ‘fitness to practice' for nurses in England and Wales and most local authorities have offered training to all their care staff, registered or not. Based upon a landmark judgement in the European Court of Human Rights (HL vs UK), the new Act has changed the law affecting all health and social care providers. It is no longer the Doctor's responsibility alone.

The Act changed how we must work with people who cannot make decisions for themselves. It extended the ‘duty of care', created a brand new code of practice that we all must adhere to and brought in a brand new criminal offence with a maximum penalty of 5 years imprisonment. The first prosecutions of care workers under the new offence of ‘Wilful Neglect and Ill Treatment' of people who lack capacity are already appearing before the courts.

‘Wilful Neglect' means not abiding by the new Act's code of practice.

With the Act representing a major shift in the way that care must be provided, it's not surprising that many care workers are unsure about what this means for them. Many carers know little or nothing about the Act even though they have had a legal obligation to obey it since April 2007. Many routine practices should already have changed or nurses, doctors and other health professionals may well face prosecution.

That's where AMJ can help. With his background and experience of working and training within health and social care, including for the Commission for Social Care Inspection, Stuart Sorensen is ideally placed to help you understand what the new law means for you. Stuart has trained approximately 4,000 workers nationwide on the new Act from health care assistants and unregistered workers to nurses, social workers, police officers, lawyers, GPs and consultants.

This full day training or half day seminar will equip participants to:

• Understand the background to the Act and their new, changed responsibilities;
• Understand the key principles of the Act and the 4 elements of decision-making;
• Understand their responsibilities over best interests and the truth about relatives' rights;
• Use the Act's checklists to ensure that they stay within the law;
• Work with the new compulsory state appointed advocacy service (IMCAs);
• Know the difference between restriction and deprivation of liberty (only one is legal);
•Avoid committing the new criminal offence.

Contact AMJ on 07872 102626 or Email stuart on stuartsorensen@msn.com for further information or to arrange training.