Limits of Mental Capacity Act training for residential care homes
| DOI | https://doi.org/10.1108/14668201211286048 |
| Pages | 271-279 |
| Published date | 30 November 2012 |
| Date | 30 November 2012 |
| Author | Matthew Gough,Lianne Kerlin |
| Subject Matter | Health & social care,Sociology |
Limits of Mental Capacity Act training for
residential care homes
Matthew Gough and Lianne Kerlin
Abstract
Purpose – The Mental Capacity Act (MCA) was implemented in 2007 as a piece of legislation to
empower and protect adults who require support making decisions. Many older adults in residential
care homes will be in this position due to developmental disabilities associated with functional
impairments of the mind and brain. This paper aims to evaluate the impact of MCA training within older
persons’ care homes within an East-Midlands local authority.
Design/methodology/approach – Semi structured interviews were conducted with key informants who
had strategic responsibility for implementation of MCA training as well as a focus group conducted with
managers/deputy managers of care homes within the local authority.
Findings – With a primary focus on training, data revealed issues surrounding the delivery and content
of training, and the organisational factors relating to both training and the subsequent implementation of
the knowledge learned.
Research limitations/implications – The key informants for this paper are limited to management
perspectives. Interviews and a focus group were conducted with stakeholders who either had direct
responsibility for service delivery or managerial oversight for training and development.
Practical implications – Thepaper suggests methods of delivery with the Mental Capacity Act which
offer a tailored, engaging and cost effective alternative to conventional ‘‘away day’’ training sessions.
Originality/value – The paper challenges and critiques conventional approaches to training the social
care workforce.
Keywords Older people, Mental health, Learning/intellectual disabilities, Mental capacity, Training,
Residential care, Elderly people, Disabilities, United Kingdom, Community care
Paper type Research paper
Introduction
The Mental CapacityAct, 2005 (MCA) was introduced in 2005 and enacted in 2007as a piece
of legislation to providea framework, with powers and duties placed upon workers to support
adults who may need assistancewith decision making, due to an impairment in the functioning
of the brain or mind. The Act established a legal duty for the MCA’s Code of Practice to be
followed by workers supporting people who may come within the remit of the Act. Thus,
workers in health and social care need to understand their commitments when working with
adultswho may lack capacity for certain decisions (Department of ConstitutionalAffairs, 2007).
The Department of Health supported the roll out of MCA training to local authorities and
Primary Care Trusts across England and Walesto assist with the implementation of the Act,
which included training for care sector staff. This paper evaluates the impact of the training of
the MCA within older persons’ care homes within an East-Midlands local authority area. The
area had been commended by the Department of Health for having a good performance in
raising awareness of Deprivation of Liberty Safeguards (DoLS) which was helped by having
a dedicated DoLS team and an active partnership between local authority and independent
care providers, with a sub-regional development group with strategic oversight for
DOI 10.1108/14668201211286048 VOL. 14 NO. 6 2012, pp. 271-279, QEmerald Group Publishing Limited, ISSN 1466-8203
j
THE JOURNAL OF ADULT PROTECTION
j
PAGE 271
Matthew Gough and
Lianne Kerlin are based at
the Social Work,
Department of Social Work
and Professional Practice,
Nottingham Trent
University, Nottingham, UK.
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