Safeguarding Adults and the Mental Capacity Act – Resources for Different Areas of Concern

SCIE Self-neglect and SCIE Report 46: Self-neglect and adult safeguarding: findings from research, 2011, although pre-Care Act, it’s still an excellent resource.

Vile Bodies: Understanding the neglect of personal hygiene in a sterile society, Bates, 2021 (excellent book)

Working with People who Self-Neglect (researchinpractice.org.uk)

Managing hoarding and squalor – PMC (nih.gov) (although Australian research I think it is great and helpful)

Court of Protection cases:

• Cheshire West And Chester Council v PWK [2019] EWCOP 57
• CDM [2019] EWCOP 32
• London Borough of Croydon v CD [2019] EWHC 2943 (Fam)
• RB Greenwich v CDM [2019] EWCOP 32
• Royal Bank of Scotland Plc v AB (2020)
• United Lincolnshire Hospital NHS Trust v CD (2019)
• AC and GC (Capacity: Hoarding: Best Interests) [2022] EWCOP 39 (15 August 2022) (bailii.org)

Relevant case law – AC and GC (Capacity: Hoarding: Best Interests) | 39 Essex Chambers (see also Hoarding and mental capacity (localgovernmentlawyer.co.uk))

Presentation slides on the topic are here Current thinking on hoarding behaviour (kcl.ac.uk)

Multi-agency Protocol for Working with People with Hoarding Behaviours | Cambridgeshire and Peterborough Safeguarding Partnership Board

Cambridgeshire Insight – Housing & Planning – Housing priorities – Existing homes – Hoarding

Hoarding disorder – NHS (www.nhs.uk)

Alcohol addiction and the MCA

ARBD – Alcohol related brain damage (excellent resources)

How to use legal powers to safeguard highly vulnerable dependent drinkers | Alcohol Change UK

Breaking the link alcohol, cognition and homelessness- Prof Kenneth Wilson – YouTube

Alcohol Related Brain Damage and capacity – in conversation with Ken Wilson and Julia Lewis – Mental Capacity Law and Policy

ARBD Videos – ARBD

Mental capacity in practice part 1: how do we really assess capacity? | BJPsych Advances | Cambridge Core & Mental capacity in practice part 2: capacity and the suicidal patient | BJPsych Advances | Cambridge Core (need to be read together)

“If you are not a patient they like, then you have capacity”: Exploring Mental Health Patient and Survivor Experiences of being told “You Have the Capacity to End Your Life” (researchgate.net)

The “you’ve got the capacity to choose to kill yourself” phenomenon, and what we can do about it | The Small Places (wordpress.com)

Suicide and the (mis)use of capacity – in conversation with Dr Chloe Beale – Mental Capacity Law and Policy

Reported SAR’s where MCA was not considered

• Social Care Institute for Excellence Review – Honor (PDF)
• Briefing for practitioners – Mrs T
• Mrs P – Report for IOWSAB – December 2017

Women who are experiencing domestic abuse are nearly three times as likely to develop mental illness (2019) and Psychological advocacy towards healing (PATH): A randomized controlled trial of a psychological intervention in a domestic violence service setting (2018)) – Interesting papers when considering whether P might have an impairment or disturbance in the functioning of the mind or brain.

Relevant case law:

The Re BU [2021] EWCOP 54 case is a helpful illustration to explain when an application to the High Court for declarations and orders under its inherent jurisdiction may need to be considered in cases of domestic abuse.

In the decision of A County Council v LW & Anor [2020] EWCOP 50, the Court of Protection had to consider the capacity of LW in relation to the ‘interrelated decisions relating to contact with MG [the perpetrator], where she should live and the nature and extent of the care she requires’.

The 39 Essex Chambers ‘Mental Capacity Guidance Note Inherent Jurisdiction’

See the Home – Capacity guide in particular The person seems to say one thing and to do another – Capacity guide

When mental capacity assessments must delve beneath what people say to what they do – Community Care

Executive functioning grab sheet – Lancashire SAB

Brain Injury Needs Indicator (BINI) | The Disabilities Trust (thedtgroup.org) (NB: The BINI is a free tool developed by the Brain Injury Rehabilitation Trust (BIRT). The BINI has been designed to be used by social workers or other assessors during a social care assessment, for the purpose of finding out how well someone has recovered from their brain injury and to determine what social care support they might need. The BINI is referenced in the Care Act Guidance (point 6.43) as a tool that can be used as part of the assessment to help identify deficits of people with a suspected or diagnosed brain injury.)

When P is an Offender | 39 Essex Chambers

See below (Essential general guidance) and:
A capacity masterclass from MacDonald J (and an updated capacity guide from us) – Mental Capacity Law and Policy (excellent CoP case which would help clinical professionals to think through capacity and medical treatment)

Decision making and consent – ethical guidance – GMC (gmc-uk.org)

Mental capacity – ethical topic – GMC (gmc-uk.org)

Mental Capacity Act toolkit (bma.org.uk)

Fluctuating capacity – making rights real and practical, not theoretical and illusory – Mental Capacity Law and Policy

See below (Essential general guidance) and: Informed consent | Hill Dickinson – YouTube
or

Informed consent – Claire Christopholus (Hill
Dickinson)