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Consent and the Mental Capacity Act



A recent Care Quality Commission (CQC) inspection report highlights the approach of

the CQC to the application of the Mental Capacity Act (and consent). Arden Manor care home received an Inadequate rating on 28 June. Reasons included:


  • ‘The principles of the MCA continued not to be followed or understood. People did not have decision specific capacity assessments or best interests decisions in place when needed.’

  • ‘One person had a capacity assessment in place. The decision that was being made was documented as 'To make simple and complex decision'. There were no individual capacity assessments in place including the use of bed rail and medicines management. This placed this person at risk of not receiving care and treatment they had consented to or in their best interest.’

  • ‘Another person had a sensor mat in place, there was no individual capacity assessment in place for this. This placed this person at risk of not receiving care and treatment they had consented to or in their best interest.’

  • ‘There was a lack of understanding from the management team around capacity and consent. When we raised concerns that a capacity assessment was not in place for a person we saw a member of the management team tried to complete this in the office, they did not involve the person or their families with this. This demonstrated there was a lack of understanding around this process.’


The full inspection report is available from: https://www.cqc.org.uk/location/1-2193085933


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