We have extensive experience of dealing with mental capacity issues, having been involved in the leading St George’s Healthcare NHS Trust v S case over 10 years ago. More recently, we have been actively helping NHS Trusts and other public authorities ensure they understand their duties under the Mental Capacity Act 2005 and the inter-relationship between the Act and the Mental Health Act. We have produced a small booklet outlining the key features of the new legislation. Its original print run was 1,000 copies, but due to popular and persisting demand we have sent out around 50,000 copies across the NHS and private sector healthcare providers.
The Mental Capacity Act reflects the patient-centric nature of modern healthcare, and in particular modern mental healthcare. We are acutely conscious of the difficulties that assessments of capacity and best interests can create for front-line practitioners, as well as for service users and their families and carers. Our training and advice helps practitioners grapple with some of the difficult nuances in the provisions relating to advance decisions, lasting powers of attorney and the Court of Protection. We have helped many Trusts streamline their local policies and practices to bring them up to speed with the expectations of the new legislation.
We have dealt with a number of applications to the Court of Protection in relation to medical treatment of patients who lack capacity to consent, some at very short notice and out of hours; including one in which we obtained the Court Order at 1am on Valentine’s Day evening!
We are now advising clients on the Deprivation of Liberty Safeguards and when an authorisation should be applied for as opposed to using the Mental Health Act, particularly in light of the new Community Treatment Orders.