Mental Capacity Act Code of Practice
The MCA 2005, received Royal Assent on 7 April 2005 and will come into force during 2007.
The MCA is a legal framework, is supported by the Code of Practice (the Code), which provides guidance and information about how the Act works in practice. Section 42 of the MCA requires the Lord Chancellor to produce a Code of Practice.
The Code has statutory force. Healthcare staff (doctors, nurses, therapists, radiologists, paramedics etc) have a legal duty to have regard to it when working with or caring for adults who may lack capacity. The code of practice gives guidance for decisions made under the Mental Capacity Act 2005. We commend that anybody caring for a person with a disability familiarises themselves with the content of the MCA, particularly chapters 4 and 5, which refer to assessing Capacity Assessment and Best Interest decisions. Before you find yourself in a dispute, read and understand your rights and those of your loved ones contained in para 5.65 (Settling disputes about best interests).
Stopping, rationalising or optimising antipsychotic drug treatment in people with intellectual disability and/or autism
Key learning points:
- Antipsychotic medication is often prescribed to adults with intellectual disability (ID) and/or autism to manage behaviour that challenges despite little research evidence that antipsychotics are effective.
- The STOMP (Stopping Overuse of Medication in People with Learning Disabilities and/or autism) campaign is aimed at reducing inappropriate prescribing of antipsychotic medication for people with ID and/or autism.
- There is an absence of robust evidence on the most effective way to reduce or stop antipsychotic medication.
- Withdrawing medication requires a multidisciplinary approach, consideration of comorbidity and the involvement of patients and their carers.
Full Article is available HERE
Death By Indifference (Mencap)
Mencap’s Death by indifference [PDF] reported the appalling deaths of six people with a learning disability – deaths that the six families involved and Mencap believe were the result of failings in the NHS. The publication of the Death by Indifference (2007) report prompted a number of families to contact Mencap, and they continued to do so in the weeks, months and years that followed. These cases – a total of 74 to date – highlight an NHS that continues to fail people with a learning disability. 'Death by indifference: 74 deaths and counting’ [PDF], looks into some of the traits which are repeatedly seen in the cases and the recommendations made by Healthcare for All.