Care professionals' understanding of the new criminal offences created by the Mental Capacity Act 2005.

Abstract

Implemented in 2007, the Mental Capacity Act (MCA) 2005 codified decision-making for adults unable to make decisions for themselves in England and Wales. Among other changes, two new offences of wilful neglect and ill-treatment were created under Section 44. Our study explored how the MCA was being implemented in community-based dementia care, focusing on frontline practice. Using qualitative longitudinal methodology, we interviewed 279 practitioners, in the London and South-East area of England, two or three times over 3 years. We applied framework analysis to identify and delineate recurrent themes. Views of the new offences were positive overall, but understanding ranged from partial to non-existent among some participants. Clinicians may be increasingly called upon to provide advice on whether an alleged victim or perpetrator lacks decision-making capacity in cases of suspected elder abuse. They need to be aware of the new criminal offences to ensure that people with dementia, among others, are not abused and that abusers are brought to account.