What to do if we have concerns about mental capacity?

As a first step, concerns about capacity and discussion should take place with advice and support from line managers. All decisions and rationales should be recorded on the digital system.

Mental Capacity and safeguarding enquiries:

The Local Authority has a legal duty under Section 68 of the Care Act 2014 to arrange for an Independent Advocate to support an adult who is the subject of a Safeguarding Enquiry (Section 42) or a Safeguarding Adults Review (SAR).

The duty is mandatory if both of the following conditions are met:

Substantial Difficulty: The adult would experience substantial difficulty in being fully involved in the safeguarding process (i.e., difficulty understanding, retaining, using, weighing information, and/or communicating views).

No Appropriate Person: There is no other appropriate person (such as a willing and able friend or family member) to represent and support the adult's involvement. Note: An individual who is paid or professionally engaged in providing care or treatment to the adult is automatically excluded from being an 'appropriate person'.

Mental Capacity and key decisions by housing:

For a person who lacks mental capacity when certain decisions are being made by the Council or NHS Provider, the local authority must an Independent Mental Capacity Advocate (IMCA). An IMCA provides an independent safeguard to support vulnerable people who lack the capacity to make certain important decisions and who have no-one appropriate who can act for them. You can find more information about IMCAs at Camden here and a referral flowchart for professionals here. A referral form can be found here.

We are required to pause or not commence activities until capacity has been confirmed, and appropriate arrangements have been made.

More information and guidance on mental capacity can be found in the Government’s Mental Capacity Act Code of Practice and the London Multi-Agency Safeguarding Procedure.