Assessing Decision-making Capacity: The Interpretation and Implementation of the Mental Capacity Act 2005 Amongst Social Care Professionals

Abstract

The Mental Capacity Act, 2005 (MCA) provides a statutory framework for assessing an individual’s decision-making capacity and for making best interests decisions on behalf of those who lack capacity. This study explores how the MCA is understood and interpreted by social care practitioners, with specific reference to assessing decision-making capacity. It was complete across four adult health and social care teams in the south-west of England, semi-structured interviews were completed with six social work practitioners. The findings suggest that the interpretation of the principles and criteria for assessing capacity varies and that assessing decision-making capacity can often be a complex process; assessments are often part and parcel of numerous interdependent processes and competing demands. It is necessary to ensure that the different processes are carried out separately and sequentially in order to promote objective capacity assessments. The study outlines the key responsibilities that the local authority has with regards to the implementation of the MCA.

Keywords:

• mental capacity assessment
• Mental Capacity Act implementation

Disclosure statement

No potential conflict of interest was reported by the authors.

Additional information

Notes on contributors

Anna Murrell

Anna Murrell. Since 2008 Anna has practiced extensively in the field of mental health and worked in several inpatient settings, including in the specialist field of eating disorders. In 2012, she commenced training in social work and graduated in November 2013 with an MSc in Social Work from the University of Bristol. She is practicing as a social worker and care co-ordinator in a community mental health recovery team.

Leona McCalla

Leona McCalla qualified as a social worker in 2002 and has experience working with adults who experience mental distress, older adults and people with acquired head injuries. Leona qualified as an approved social worker in 2005 and she continues to practice as an approved mental health professional, an independent social worker and best interests assessor. She has worked at the University of Bristol on a part-time basis as a teaching fellow since 2011. Correspondence to: Leona McCalla, University of Bristol, 8 Priory Road, Bristol, BS8 1TZ, UK. Email: [email protected]