Title

Awareness of the Mental Capacity Act 2005

Type

Knowledge and skills

Learning outcomes

Assessment criteria

Potential Evidence

1

Understand the importance of the Mental Capacity Act 2005.

1.1

Explain why legislation is necessary to protect the rights of individuals who may lack the capacity to make decisions for themselves.

Showcasing your knowledge: –

Tutor marked assignment – one of:

a) Assessment Pack

b) Resource Pack                      

c) Essay

All Assignments MUST use and be submitted with an appropriate referencing system

Professional Discussion

E-learning

Prior Learning / Certificates

Learning Journal

1.2

Describe the factors which may lead to an individual lacking the capacity to make a particular decision for themselves.

1.3

Explain how the Mental Capacity Act 2005:

• empowers people to make decisions for themselves • protects people who lack capacity by placing them at the heart of the decision-making process.

1.4

Describe why effective communication is important when working with a person who may lack capacity to make a particular decision for themselves.

2

Understand the key elements of the Mental Capacity Act 2005.

2.1

Define the five statutory principles included in the Mental Capacity Act 2005.

2.2

Describe when a worker must comply with the Mental Capacity Act 2005.

2.3

Explain how the Mental Capacity Act 2005 gives legal protection to workers providing care and treatment for someone who lacks capacity.

2.4

Explain ‘capacity’ as defined in the Mental Capacity Act 2005.

2.5

Explain ‘best interests’ as defined in the Mental Capacity Act 2005.

2.6

Explain what actions need to be taken to ensure a worker acts in an individual’s best interests.

2.7

Identify whose responsibility it is to assess capacity and best interests.

2.8

Identify the type of day-today decisions a worker may find themselves making on behalf of a person who lacks capacity to make those decisions themselves.

2.9

Explain the circumstances when an Independent Mental Capacity Advocate (IMCA) should be appointed.

2.10

Explain how the Mental Capacity Act 2005 can assist a person to plan ahead for a time when they may not have capacity to make certain decisions.

3

Understand ‘restraint’ as defined in the s6 (4) Mental Capacity Act 2005.

3.1

Identify the range of actions that amount to restraint.

3.2

Identify the factors which make restraint lawful under the Mental Capacity Act 2005.

3.3

Describe the circumstances where the restrictions or restraint being used amount to a person being deprived of their liberty.

3.4

Describe the actions that are necessary to ensure that a person is lawfully deprived of their liberty.

3.5

Explain why a worker should raise their concerns with their supervisor/manager when they think a person may be being deprived of their liberty.

4

Understand the importance of complying with the Mental Capacity Act 2005 Code of Practice when working with individuals who lack capacity.

4.1

Explain the legal status of the Mental Capacity Act 2005 Code of Practice.

4.2

Explain the purpose of the Mental Capacity Act 2005 Code of Practice.

4.3

Explain how the Mental Capacity Act 2005 Code of Practice affects the day-today activities of a worker when making decisions for individuals who lack the capacity to make those decisions for themselves.