Understanding Mental Capacity: Insights from England's Court of Protection

The ability to make decisions is a fundamental human right, but what happens when someone's mental capacity to make decisions is in question? The research paper "Taking capacity seriously? Ten years of mental capacity disputes before England's Court of Protection" delves into this complex issue. Here's how practitioners can use the findings to enhance their skills and encourage further research.

The Functional Model of Mental Capacity

The Court of Protection in England and Wales uses a functional model to assess mental capacity. This model focuses on whether an individual can make a specific decision at a specific time, rather than on their diagnosis. The study reviewed 40 cases from the Court's first ten years, revealing that 70% of the subjects had either a learning disability or dementia.

Key Findings and Their Implications

The research highlights several important aspects of mental capacity assessments:

• Support Principle: Practical steps must be taken to support individuals in making decisions. This was considered in 57.5% of cases.
• Causative Nexus: There must be a clear link between the mental impairment and the inability to make decisions. This was considered in 52.5% of cases.
• Functional Abilities: Judges engaged with the functional abilities required for decision-making in 92.5% of cases.

Improving Practice

To improve their practice, practitioners should:

• Understand the Legal Framework: Familiarize yourself with the Mental Capacity Act 2005 and the principles outlined in the research.
• Consider All Evidence: Evaluate all evidence, including medical and non-medical, to make a well-rounded judgment.
• Focus on Support: Ensure all practical steps to support the individual in making decisions have been taken.

Encouraging Further Research

The study shows that while the Court of Protection is on a learning curve, there is room for improvement. Practitioners are encouraged to engage in further research to better understand and apply the principles of mental capacity assessments.To read the original research paper, please follow this link: Taking capacity seriously? Ten years of mental capacity disputes before England's Court of Protection.