We have posted a number of times recently about the Mental Capacity Act (2005) and issues relating to the knowledge of professionals about its operation. We would like to draw your attention to a new resource which is designed to help families involved in best interest decisions, to ensure they are involved. The resource has been developed by Ambitious about Autism, Mencap and the Challenging Behaviour Foundation along with Irwin Mitchell Solicitors.

The need for the tool arose from concerns that some professionals were failing to consult with families, as required under the Act.

Mencap for example, in its report ‘Death by Indifference: 74 deaths and counting’ found many examples of health professionals failing to abide by the Act and ignoring crucial advice from families.

The resource is designed to support parents who have concerns about their potential lack of involvement in best interest decisions. It consists of two template letters.

Template letter one is for when family members are concerned that they may not be involved in best interests decisions and sets out the clear legal requirement to involve them.

Template letter 2 is for when decisions have already been taken without the involvement of family members..
Both letters can be individualised  appropriately.

You can download the leaflet at http://www.irwinmitchell.com/MCAletter