Frontline staff need more training on Mental Capacity Act, says Law Society

The Law Society has called for more training to be given to frontline staff on the legal framework of the Mental Capacity Act and its practical application.

In a submission to a call for evidence from a House of Lords select committee, Chancery Lane claimed there was a “depressing'” lack of awareness about the Act.

The Law Society called for:

  • A review of the deprivation of liberty safeguard (DoLS) provisions;
  • Extension of the DoLS to those who are in ‘supported living’ placements;
  • A mediation practice direction to encourage resolution of the issues that led to the DoLS being used;
  • Consideration being given to combining the MCA and DoLS guidance to understand their inter-relationship;
  • Greater resources for the Official Solicitor and the Court of Protection; and
  • Ratification of the Hague Convention on the International Protection of Adults in England and Wales.

The submission said: “The Mental Capacity Act (MCA) is an important piece of legislation which provides a generally sound framework for the assessment, treatment and care of those with impaired capacity. Yet every day, thousands of informal decisions affecting the lives of those without capacity are made without any recourse to the protections offered by the MCA.

“Although it is argued by some that proper implementation of the Act would place unrealistic demands on both professional and lay carers, the greater problem is the lack of awareness and understanding of the Act among professionals, lay carers and service users. There have been shocking failures to observe even the bare minimum safeguards, leading to tragic episodes of chronic abuse and neglect such as that uncovered at Winterborne View.”

Chancery Lane said a good example was provided by Approved Mental Health Professionals, who received in-depth post-qualification training, over many more hours than in their pre-qualifying training. “This level of understanding should arguably be required of social workers who are making decisions about mental capacity and DoLS,” the Law Society said.

Nicola Mackintosh from the Law Society's mental health and disability committee said professional training for key front line staff had not kept pace with the increasing complexity of community care.

She added: “Safeguarding the dignity and wellbeing of people with impaired capacity should be a priority for government. Solicitors often handle the aftermath of poor implementation of the Act and it is essential that steps are taken to increase awareness so our most vulnerable citizens are not at risk.”

Mackintosh said the over-arching problem with the DoLS regime, as with the MCA generally, was that it was complex and not always used when it should be.

“There is effectively a postcode lottery for patients,” she added. “The DoLs protections can only be used for those detained in hospitals and care homes. They need to be extended to also protect the increasing number of people placed in 'supported living', whose numbers may increase still further as a result of the government's response to the Winterbourne View scandal.”

Mackintosh also said that solicitors representing vulnerable clients saw increasing demands on those with the responsibility of ensuring these clients exercised their legal rights under the Act, such as the Official Solicitor and the Court of Protection.

“The lack of resources means real problems with accessibility and delay for vulnerable adults,” she argued.

The Law Society’s submission can be read here.