Essay about Mental Capacity Act Nvq 5

6635 Words Aug 16th, 2013 27 Pages
THE FIVE STATUTORY PRINCIPLESThe five principles are outlined in the Section 1 of the Act. These are designed to protect people who lack capacity to make particular decisions, but also to maximise their ability to make decisions, or to participate in decision-making, as far as they are able to do so.

There is a lot of detail in the MCA but there are some key principles that are important to understand.
1 All adults have the right to make decisions for themselves unless it can be shown that they are unable to make them. This means that people must not assume that someone cannot make decisions for themselves just because they have a particular medical condition or disability, or because they are of a particular age or appearance.

2
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An appeal against a decision of the Court of Protection would generally need to be made to the Court of Appeal.
PROSECUTION FOR ILL-TREATMENT OR NEGLECT
The Mental Capacity Act creates the criminal offences of ill-treatment or wilful neglect under Section 44 based on existing principles (under Section 127 (1) of the Mental Health Act 1983). The offences can be committed by anyone responsible for that person’s care.
They are offences punishable 'either way' in the Magistrates' or Crown Court as follows: on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum or both; on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine or both. The elements are that the offender: has the care of the person in question OR is the donee of a power of attorney OR is a court-appointed deputy; reasonably believes the person lacks capacity (or they do lack capacity); ill-treats or wilfully neglects the person.

It can be expected that ill-treatment will require more than trivial ill-treatment, and will cover both deliberate acts of ill-treatment and also those acts reckless as to whether there is ill-treatment.
Wilful neglect will require a serious departure from the required standards of treatment and usually requires that a person has deliberately failed to carry out an act that they were

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