Abstract

<p>The Mental Capacity Act 2005 (MCA) guides clinicians in England and Wales in how to support patients to make a capacitous decision. Documentation of patients’ capacity is mandatory for certain decisions in psychiatric hospitals so as to evidence the use of the MCA guidance. Given the importance of decisions such as where to live and what medication to take, the quality of clinician interview and documentation is important to monitor.</p><p><br />Method: The quality and quantity of decision-making capacity (DMC) documentation was reviewed in a psychiatric hospital in England for older adults. The clinical records of 49 discharged patients were examined retrospectively. All DMC documentation found was compared with existing legal guidance on capacity assessment.</p><p><br />Results: 46/58 DMC documents were found to be insufficient. There was little evidence of what information had been given to patients to enable autonomous decision making, what actions had been undertaken to optimise capacity and what alternative decision options were presented.</p><p><br />Conclusions: Consideration should be given by hospital managers to support DMC assessment by staff. Further reflection is needed on the part of regulators regarding the optimum DMC documentation standard, particularly regarding physical health medication for psychiatric inpatients. Guidance and training for all staff involved in the assessment and documentation of DMC should be made available.</p>

Highlights

  • The statutory principles of the Mental Capacity Act (MCA) 2005 came into full force in October 2007 and applies to all persons over the age of 16 in England and Wales

  • Despite the Mental Capacity Act 2005 (MCA) being in force for some years, there are concerns that there are challenges facing clinicians when translating knowledge into practice [8] With this in mind, this study aimed to assess the quality of decision-making capacity (DMC) documentation at an old age psychiatric hospital in England

  • Where MCA assessment documentation was for a dual decision, this automatically led to a rating of insufficient for the “decision” section as the MCA is clear that each assessment should be for a single decision only

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Summary

Introduction

The statutory principles of the Mental Capacity Act (MCA) 2005 came into full force in October 2007 and applies to all persons over the age of 16 in England and Wales. The assessor must assess the person further to [2019] International Journal of Mental Health and Capacity Law determine whether the person can understand, retain, use and weigh the information and communicate their decision. This is referred to as the two-stage functional test. Both the MCA Code of Practice (issued under the Act) and guidance from the General Medical Council specify that the process and outcome of capacity assessments should be documented in the patients’ records[1,2,3]. In 2014, a specially convened Parliamentary inquiry identified that capacity assessments were generally not recorded and were of poor quality [4]

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