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Black and minority ethnic communities missing out on Mental Capacity Act provisions, says new report

11 December 2008

 

 

Due to a lack of awareness about the Mental Capacity Act, people from black and minority ethnic communities may be missing out on its benefits, according to a new report from the Mental Health Foundation.

 

Despite coming into force a year ago, the Act - designed to support vulnerable people who lack capacity to make decisions, such as those with serious mental health problems, dementia, and learning disabilities - is little understood by those from black and minority ethnic communities.

 

The report, “Engaging with Black and minority ethnic communities about the Mental Capacity Act”, funded by the Department of Health and Social Care Institute for Excellence as part of a programme of work on implementing the Mental Capacity Act, makes some important recommendations about how to improve its implementation.

 

Barriers to engagement

 

The report identifies several reasons why people from a black and minority ethnic background have not been able to wholly engage with the Act, including cultural issues and appropriateness of services.

 

“Engaging with Black and minority ethnic communities about the Mental Capacity Act” says that the Act deals with subjects viewed as private or taboo in some cultures, such as mental health, finances and death. Consequently some service users and their families may not be able to engage in discussions.

 

The report also reveals that black and minority ethnic communities are confused about the role of Independent Mental Capacity Advocate (IMCA) services because awareness raising and training has primarily focused on staff. Many service users raised concerns about IMCA services provided under the Act because they believe they are delivered by organisations with little or no link to local communities.

 

According to the Mental Health Foundation’s research, communication efforts to raise awareness of the Act among black and minority ethnic groups are considered inadequate. Information materials, by their nature, are not able to explain the complexities of the Act, and some concepts within the legislation not easily translated into other languages.

 

Rowan Myron, Associate Head of Research at the Mental Health Foundation and co-author of the report, said: “The research shows that more work needs to be done to ensure that service users from black and minority ethnic communities benefit from provisions within the Mental Capacity Act – every section of society deserves equal access to this important piece of legislation, which serves to safeguard people’s rights.”

 

David Ellis, Principal Advisor Adult Services at the Social Care Institute for Excellence, said: “We welcome this report and hope that organisations working with black and minority ethnic communities will follow the recommendations based on the research by the Mental Health Foundation. As part of its programme of work around the Mental Capacity Act, SCIE will be engaging with all communities to raise awareness of the Act and to ensure that vulnerable people from all backgrounds benefit from its provisions.”

 

Recommendations

 

The report makes a number of recommendations to increase awareness of and engagement with the Mental Capacity Act within black and minority ethnic communities, including:

 

  • Independent research and monitoring to assess if the Act is being used by black and minority ethnic communities and benefiting them.
  • A strategy to raise awareness of the Act, working with local groups and Community Development Workers in its delivery. Information to be made relevant to the concerns of black and minority ethnic communities that service providers can use and explain in their daily work.
  • The encouragement of collaborative commissioning of IMCA services for black and minority ethnic communities between local authorities, especially London Boroughs.

 

“Engaging with Black and minority ethnic communities about the Mental Capacity Act”can be obtained for free by calling 020 7803 1101 and is also available as a download.

 

Ends

 

Notes to Editors:

 

For further information contact the press office team on 020 7803 1130.

 

“Engaging with Black and minority ethnic communities about the Mental Capacity Act” was funded by the Department of Health and Social Care Institute for Excellence as part of a programme of work on implementing the Mental Capacity Act.

 

The Mental Health Foundation uses research and practical projects to help people survive, recover from and prevent mental health problems. We work to influence policy, including government at the highest levels. And we use our knowledge to raise awareness and to help tackle the stigma attached to mental illness. We reach millions of people every year through our media work, information booklets and online services.

 

Back to News Releases 2008