CQC inspections and the Mental Capacity Act

The CQC has rated a care home for older adults as inadequate. Among a series of concerns raised in the inspection report was the failure to apply the Mental Capacity Act. The report stated: ‘Mental Capacity Act (MCA) processes were ineffective. Capacity assessments were missing, incomplete, generic, undated or not decision specific. Best interest decisions frequently lacked evidence of involvement from family members, advocates or relevant professionals. This meant records did not demonstrate how decisions had been reached or why decisions were in the person's best interests.’

‘We found examples where significant decisions relating to care, treatment, medication, placement and restrictive practices had not been supported by robust capacity assessments or best interest processes. Records often failed to identify the specific decision being assessed and lacked evidence less restrictive options had been considered.’

Such failure to follow the MCA after nearly 20 years since its inception is concerning. Unfortunately, the recent Supreme Court ruling (AGNI) on deprivation of liberty means tens of thousands of people are now going to miss the detailed assessments of BIAs that picked up issues around the MCA on a regular basis (thereby protecting peoples rights).

Download the case from: https://www.cqc.org.uk/location/1-2170987026

Download free MCA resources: https://www.edgetraining.org.uk/resources

Training courses on the MCA: https://www.edgetraining.org.uk/commission-us