Capacity to Communicate: Sense's three‐year project training independent mental capacity advocates in communication skills
| Published date | 23 February 2010 |
| DOI | https://doi.org/10.5042/jap.2010.0092 |
| Date | 23 February 2010 |
| Pages | 32-42 |
| Author | Angela Lee‐Foster |
| Subject Matter | Health & social care,Sociology |
32 © Pier Professional Ltd The Journal of Adult Protection Volume 12 Issue 1 • February 2010
10.5042/jap.2010.0092
Introduction
For people born deafblind¹ – especially those with multiple
disabilities – having a say about how they wish to live their lives
can be immensely challenging. Some individuals may have little
or no formal language, and it may be very difficult for others to
decide what is in an individual’s best interests.
It can often be invaluable to call on the services of a
trained advocate – someone who can support an individual in
getting their needs and wishes heard. The Mental Capacity Act
(MCA) 2005 (HM Government, 2005) enshrines the right
to an independent mental capacity advocate (IMCA) under
certain circumstances: where the decision concerns a change of
accommodation or serious medical treatment and there are no
family or friends appropriate to consult.
There is now also a requirement to instruct an IMCA if an
application is made to deprive someone of their liberty and
there is no one appropriate to consult other than paid carers.
Regulations under the MCA also give local authorities and
NHS bodies powers to involve IMCAs in other decisions
concerning a care review and in adult protection. These are
discretionary powers. The Social Care Institute for Excellence
has recently produced practice guidance on the involvement of
IMCAs in safeguarding adults (Gorczynska & Thompson, 2009)
and the Department of Health (2007) has produced guidance
on using an IMCA in adult protection and care reviews.
Capacity to Communicate:
Sense’s three-year project
training independent mental
capacity advocates in
communication skills
Angela Lee-Foster
Consultant to the Capacity to Communicate
Project for Sense
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Research paper
key words
Sense, Capacity to
Communicate, deafblind,
independent mental capacity
advocate
abstract
Sense, the leading national charity
that supports and campaigns for children
and adults who are deafblind, set up
the Capacity to Communicate Project in
response to the new role of independent
mental capacity advocates created by
the
Mental Capacity Act 2005
(HM
Government, 2005). The project provided
training and information, harnessing
best practice around communication
and advocacy for people who lack
capacity and who have little or no formal
communication, in particular those
with a dual sensory loss. As part of the
training, advocates were asked to submit
a written assignment. These case studies,
including some adult protection cases,
have given us valuable information about
the nature and process of independent
mental capacity advocacy and what can
be done to improve this relatively new
statutory role, in particular developing
better understanding, skills and processes
around communication in order to
represent and protect
vulnerable adults.
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