Policies & Procedures
Mental Capacity Act Policy
v1.0
Policies & Procedures
Mental Capacity Act Policy
v1.0
Mental Capacity Act Policy
Best Interests Decision-Making
Independent Mental Capacity Advocate (IMCA)
Deprivation of Liberty Safeguards (DoLS)
Related Policies and Procedures
Mental Capacity Act Policy
Policy Lead: Mrs. Tavleen Sharma - Registered Manager
Version No.: 1.0
Date of issue: January 2025
Date to be reviewed: January 2026
The purpose of this policy is to ensure that VCare Consultancy Services Limited complies fully with the Mental Capacity Act 2005 (MCA), including the associated Deprivation of Liberty Safeguards (DoLS), and supports the rights and wellbeing of service users who may lack capacity to make certain decisions. The policy outlines how we will assess capacity, make decisions in individuals' best interests, and safeguard their rights.
This policy applies to all employees, agency staff, contractors, and volunteers working for VCare Consultancy Services Limited. It covers the care and support of adults aged 16 and over who use our domiciliary care services and may lack capacity to make some or all decisions about their lives.
VCare Consultancy Services Limited s employees can expect to work in an environment where diversity is valued, and equality of opportunity is promoted. Employees have a right to be treated fairly in recruitment and career progression.
• Mental Capacity Act 2005.
• Deprivation of Liberty Safeguards (DoLS).
• Care Act 2014.
• Human Rights Act 1998.
• Data Protection Act 2018 / UK GDPR.
• CQC Fundamental Standards.
VCare Consultancy Services recognises and upholds the five key principles of the Mental Capacity Act:
• A presumption of capacity Every adult has the right to make their own decisions unless proven otherwise.
• Right to be supported to make decisions All practical help must be provided to support the individual in making a decision.
• Unwise decisions do not mean lack of capacity People have the right to make decisions others may consider unwise.
• Best interests Any decision made for a person who lacks capacity must be in their best interests.
• Least restrictive option Any intervention must be the least restrictive of the person s rights and freedoms.
1. Capacity assessments will be carried out in line with the two-stage functional test:
• Is there an impairment or disturbance in the mind or brain?
• Does the impairment mean the person is unable to understand, retain, use or weigh the relevant information, or communicate their decision?
2. Assessments must be decision-specific and time-specific.
3. Assessments are to be recorded clearly in the individual s care records.
4. Where staff suspect a service user may lack capacity for significant decisions (e.g., medical treatment, finances, accommodation), they must report to the Registered Manager.
Where a person is assessed as lacking capacity:
• We involve the person as much as possible in the decision.
• We consult with family, friends, attorneys, advocates or others close to the person.
• We take into account the person s past and present wishes, beliefs, and values.
• A Best Interests meeting may be convened for complex decisions.
• Decisions are documented using our Best Interests Decision template.
• Wherever possible, informed consent must be obtained before care or support is provided.
• Consent is clearly recorded on care plans and revisited regularly.
• Any change in capacity is documented, and care plans are updated accordingly.
• All documentation is retained in line with data protection policies.
If a person lacks capacity and has no appropriate family or friends to consult, staff must refer to an IMCA in line with the Act. The IMCA (Registered Manager Mrs. Tavleen Sharma) must be involved in decisions about:
• Serious medical treatment.
• Long-term accommodation changes.
• Adult safeguarding concerns.
• Although DoLS is generally used in care homes and hospitals, VCare staff must be aware of situations in supported living where Court of Protection authorisation may be needed under Liberty Protection Safeguards (LPS) once fully enacted.
• Any potential deprivation of liberty must be reported to the Registered Manager, who will seek guidance from the Local Authority.
• All staff of VCare has to undertake annual mandatory training on MCA and DoLS training during induction and annually thereafter.
• All VCare staff members are encouraged to discuss capacity-related issues in supervision and team meetings.
• VCare s Registered Manager ensures compliance and provides case-specific guidance as needed.
• Registered Manager: Oversees policy implementation, ensures training, reviews best interest decisions, and liaises with external agencies.
• All Staff: Must understand and follow MCA principles, report concerns, and complete relevant documentation.
• Audits of capacity assessments and best interests decisions are completed regularly.
• This policy is reviewed annually or in response to changes in law or guidance.
This policy and procedure should be inherent in every other policy and procedure within VCare Consultancy Services Limited.
• Safeguarding Policy.
• Consent Policy and Procedure
• Record keeping policy.
Annex 1 (Best Interest Decision template)
Best Interests Decision Record
(In accordance with the Mental Capacity Act 2005)
Service Provider:
VCare Consultancy Services Limited
Service User:
___________________________________
DOB:
__________________
NHS/Client ID (if
applicable): ______________________
1. Decision Summary
Decision to be made:
What is the specific
decision that needs to be made?
Date of decision: __________________
Urgency level:
☐ Routine ☐
Time-sensitive ☐ Emergency
2. Capacity Assessment
Has
the individual been assessed as lacking capacity for this decision?
☐ Yes ☐ No (If
No , this form is not required)
Date of capacity assessment:
______________
Name and role of
assessor: _________________________________
Summary of capacity
assessment outcome:
Include brief details of
impairment, decision-specific incapacity, and evidence of support given to
enable decision-making.
3. Involvement of the Individual
How has the person been involved in this decision?
Describe steps taken to
include the person s views, past wishes, preferences, and any communication
aids used.
4. Considerations Made (Best Interests Checklist)
The following have been considered in reaching this best interests decision (tick all that apply):
☐
Person s past and present wishes and feelings
☐ Beliefs
and values (religious, cultural, moral)
☐ Views
of family, carers, advocates
☐ Least
restrictive option
☐
Available alternatives
☐ Risks
and benefits of each option
Details:
Describe how these factors
were weighed to reach a decision.
5. Consultation (Who was involved?)
|
Name |
Relationship/Role |
Consultation Date |
Contribution Summary |
Was an IMCA involved?
☐ Yes ☐ No ☐ Not
required
If yes, IMCA name and service: __________________________
6. Decision Outcome
Final best interests decision:
What has been decided?
Reasons for decision:
Why was this option chosen
over others?
Proposed implementation date: ___________________
Expected review date: ___________________
7. Sign-Off
Completed by (Name & Role):
_____________________________
Signature:
__________________________________
Date:
_________________
Manager/Reviewer Signature:
____________________________
Date:
_________________
8. Attachments (if applicable)
☐
Capacity assessment form
☐ Meeting
minutes
☐ Risk
assessments
☐
Supporting medical or care reports
Annex 2 (Care Planning and Risk Assessment Procedure)
Policy Title: Care Planning
& Risk Assessment Procedure
Policy Reference:
CPRA001
Effective Date:
[Insert Date]
Review Date:
[Insert Date annually or after significant updates]
Approved by:
Registered Manager
Version:
1.0
The purpose of this procedure is to ensure that VCare Consultancy Services Limited develops and maintains comprehensive, person-centred care plans and risk assessments for all service users receiving domiciliary support. This procedure ensures compliance with CQC Fundamental Standards and promotes safety, dignity, independence, and wellbeing.
This procedure applies to all staff involved in assessing, planning, delivering, reviewing, or coordinating care for individuals supported by VCare Consultancy Services Limited.
VCare is committed to providing care that is:
All changes are recorded, dated, and signed off by the Registered Manager or designated lead.