New data published
by the Mental Health Foundation today has revealed that over half of health and
social care professionals are failing to comply with the requirements of the
Mental Capacity Act 2005 when conducting assessments of mental capacity.
The data was
collected through the Mental Health Foundation’s Assessment of Mental
Capacity Audit Tool (AMCAT), a free online resource designed to help professionals and carers evaluate
and learn from capacity assessments they have made. Although the individual
information entered by users remains confidential, the Foundation has access to
aggregated data from the 1,500 responses submitted to-date, enabling them to
assess how well the Act is being implemented.
Overall, responses
show that 52% of professionals are currently assuming that service users do not
have decision-making capacity before conducting an assessment – a direct
contravention of the Act’s first principle.
The data also
reveals that 38% of professionals are conducting assessments of capacity for
reasons other than the service user’s difficulty in making decisions, while 25%
are carrying out assessments because they thought the service user was making a
wrong or unwise decision. Both actions again directly contravene the Act’s
requirements, which state that a person should only be assessed when seen to be
having difficulty in making a decision, and which defend an individual’s right
to make decisions deemed eccentric or unwise.
Toby Williamson,
Head of Development at the Mental Health Foundation, said: “It is concerning there are still so many
mental capacity assessments being undertaken in direct contravention of the
Mental Capacity Act’s fundamental principles. This suggests that a good deal
more work may be needed to educate those responsible for implementing the Act
on the ground”.
However,
Williamson also said that some of the results also provided grounds for
optimism: “The data do, at least, show that once mental capacity assessments
are commenced, they are being carried out in accordance with the Act. It is
also encouraging that so many people have already used AMCAT since its launch
earlier this year, showing a real desire by health and social care
professionals to ensure that they are implementing the Mental Capacity Act
correctly. If these professionals continue to heed the advice and suggestions
generated through their AMCAT evaluations, we can be hopeful of a more
widespread and accurate implementation of the Act in future”.
Initial findings from the assessment of AMCAT
The online tool can be
found at www.amcat.org.uk
-Ends-
Notes to Editors
For further information please contact Alistair
Martin in the Mental Health Foundation press office on 020
7803 1130 or amartin@mhf.org.uk.
Information can also be found on the Foundation’s website at www.mentalhealth.org.uk.
Summary of data collated
through AMCAT
The following data is based on 700-1500 individual responses to the questions
featured in the AMCAT evaluation (response rates to individual questions
varied):
- The
main reason for carrying out an assessment in relation to the service user’s
disability was that the person had dementia (38%), a mental illness (27%), or a
learning disability (18%).
- 33%
of respondents said that they carried out the assessment because the service
user was having a problem making a decision.
- 38%
of respondents said they carried out the assessment because of the service user's
disability, history, diagnosis, illness, age, appearance, or behaviour.
- 25%
of respondents said that they carried out the assessment because the service
user was making a decision that they or someone else thought was unwise.
- The most common subject about which the service
user was making a decision when assessed for capacity concerned a change their
accommodation (26%), followed by property or financial matters (12%), consent
to serious medical treatment (10%), or 'decision making in general or for more
than reason' (10%).
- 52%
of respondents said that they believed the service user to lack capacity before
carrying out the assessment.
AMCAT (Assessment of Mental Capacity Audit Tool) was
launched on 25 February 2010 to help professionals and carers evaluate and
learn from capacity assessments they have made. The tool is free, and takes
10-15 minutes to complete, before generating a confidential report based on the
user’s responses to a series of questions about how they’ve carried out a
mental capacity assessment. The report includes advice and suggestions for
carrying out future capacity assessments. To date over 1,500 individuals have
used AMCAT.
The Mental Health Foundation
(www.mentalhealth.org.uk) is a UK-wide
charity that carries out pioneering research to improve the lives of the 1 in 4
people who experience a mental health problem each year. The Foundation
communicates its research findings to a wide range of health professionals and
the public. As well as providing millions of people with practical help and
advice through information materials and resources, the charity uses the
results of its research to improve services and influence mental health policy
at the highest levels, including the Government. Registered Charity Nos: (England
& Wales) 801130: (Scotland) SC
039714.
The Foundation for People with Learning Disabilities (www.learningdisabilities.org.uk)
promotes the rights, quality of life and opportunities of people with learning
disabilities and their families.
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