Query regarding MCA

[Adam Doyle]

Wondered if any body could offer any advise, we have recently encountered an issue with the Mental Capacity Act. I have being asked about the discrepency between Studio III training which permits physical intervention to protect the person from harming themselves or others, however the new MCA states that it is only lawful to intervene to protect the person from harming themselves.

This has raised issues across the service, could anybody please clarify this for me?

Thanks

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[waylaid archer]

The code of practice gives more detail - the link below is to the full code

http://www.dca.gov.uk/legal-policy/mental-capacity/mca-cp.pdf

The code says that if the person lacks capacity they may need an advocate if restraint is a possibility (Chapter 5) and chapter 6 summary states "If restraint is being considered, is it necessary to prevent harm to the person who lacks capacity, and is it a proportionate response to the likelihood of the person suffering harm – and to the seriousness of that harm? " when checking protection for staff. It does not seem to go against studio 3 position when the person lacks capacity.

Hope this helps

[Adam Doyle]

We have now had clarity regarding my last post. Information given to us by local advisory group was unclear and incorrect, we have recieved further advise regarding physical intervention and are now putting local protocols in place to back up physical intervention policies.

Thanks all

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----------------------Admin edit ------------------------
Adam - this is on the same subject I have therefore moved it into your original thread
Please do not start new threads on a subject that is open

- If any one else is unsure on this the rules are here in thread 1
http://studio3.org/members/showthread.php?t=1
----------- end admin edit -------------------------------