01 April 2014 in News

This article is a report from the NYCC Conference: The biggest change in special education in 30 years: Preparing for the Children and Families Act 2014. You can find more articles on the conference here.

This workshop gave an overview of the Mental Capacity Act 2005

I felt that the title of the workshop was misleading. I was expecting to learn about the different interventions that can be put into place in order for young people to be able to express their opinions and to be able to make independent decisions e.g. total communication and advocacy services. I was also expecting to learn about services available to families in order for them to be able to receive support so that their views and opinions can be adequately expressed e.g. parent support services and advocacy services.

The workshop covered the legal aspects of the Mental Capacity Act. (MCA)

The Act relates to people aged 16+. A person is assumed to have capacity unless it is established that they lack capacity. All practicable steps to help the person decide must have been taken without success; using communicating effectively, presenting information in a way supportive of communication needs.

Of particular note was that a person has a right to make ‘an unwise’ decision. If parents do not approve the decision it cannot be over-ruled if the young person has capacity (think teenager!).

Any acts or decisions made under MCA on behalf of a person who lacks capacity must be in the person’s ‘best interests’, particularly relevant when parents and carers are involved.

The details of the Act including exceptions etc. are available on a power-point presentation from Sylie Barret the Mental Capacity Coordinator for NYCC.


You are here: Home News Displaying items by tag: Mental Capacity Act