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Everyday Decisions Project

Mon 26 Mar 2018

A new report published by Birmingham Law School and University of Birmingham reviews implementation of the Mental Capacity Act 2005. 

A new report, published by University of Birmingham and Birmingham Law School has reviewed the implementation of supported decision making and best-interests decision making principles of the Mental Capacity Act 2005 (MCA) in day-to-day care. 

The report focused on people with intellectual disabilities, and included brain injury survivors under this terminology. 

46 people, including those with brain injury and social care professionals were interviewed to find out about their experience of supported and best-interests decision making. Brain injury survivors were asked questions regarding life choices and opportunities, and questions about making decisions on finances, medical care and relationships. Professionals were asked about training they have received and their general understanding of 'human rights'.

The researchers found that social care professionals had a clear understanding of the basic principles of the MCA and human rights, and practiced excellent supported decision-making. Most have received training on MCA. There were, however, concerns about the challenges surrounding Deprivation of Liberty Safeguards (DoLS) and the use of the MCA to deny services.

Findings of the report led the authors to make several recommendations about training and appropriate resources and support for those involved in supported or best-interests decision making, either in a personal or professional capacity. 

To access the full report and find out more about the Everyday Decisions Project, visit www.legalcapacity.org.uk

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