On 15th November, the CQC published an inspection for a domiciliary care provider. The inadequate rating was partly related to the failure to use the MCA properly:
§‘The provider had failed to recognise they needed to carry out assessments of people's capacity, when it was thought a person may struggle to make decisions due an impairment. The acting manager and nominated individual had not had any training in relation to the MCA, therefore could not ensure these assessments were required or undertaken.’
§‘One person was being unlawfully restricted and had been for a prolonged period of time. The provider had not assessed the person's ability to consent to this, despite them restricting the person. There had been no applications to the Court of Protection to get the legal authorisation to restrict the person.’
§‘Another person had it documented in their care records that family had decided about a medical procedure on their behalf. The person's ability to decide themselves and the relative's legal right to make such a decision had not been checked.’
Download from: https://www.cqc.org.uk/location/1-165008858
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