Seattle University Collaborative Projects - International Academy of ...

Making Best Interest Decisions: People and ProcessesMarcus Jepson, University of Bristol (marcus.jepson@bristol.ac.uk)The Mental Capacity Act (MCA) 2005 in England and Wales formalises the principle of bestinterests decision making. Hence, in circumstances where a person lacks capacity to make adecision, the “decision maker” has the responsibility for ensuring any decision made for thatperson must be done in their best interests. This presentation is based on the first nationalresearch study of best interests decision making under the MCA. The study used mixed methodscomprising an online practice survey and telephone interviews with decision makers,supplemented by face-to-face interviews with a range of people involved in best interestsdecisions. The face-to-face discussions provided multiple perspectives on 25 best interests’decision making processes. This paper will present some of the key findings from the face-tofaceinterview stage. Using anonymised case study examples, it will discuss the challenges ofimplementing important new legislation in health and social care, particularly including thetensions associated with being identified as a “decision maker”.Direct Payments for People who Lack Capacity to ConsentDan Robotham, Mental Health Foundation, London, UK (drobotham@mhf.org.uk)Direct payments have been the primary mechanism for achieving personalised social care inEngland. They are a mechanism by which people with social care needs can receive money topay for their own social care needs, rather than receiving a traditional service from the localauthority. Direct payments have been around for some time, but since November 2009 peoplewho may lack capacity to consent have been able to make use of them. They receive the directpayment through a third party chosen as a “suitable person” (often a family carer) to receivepayments on their behalf. This project investigated how direct payments have been administeredand managed in cases where people may lack the capacity to consent to them. Data was collectedfrom six regions across England from social care practitioners and people acting as suitablepersons. Semi-structured interviews were undertaken using predominantly qualitative methods toinvestigate different practice approaches across the country, and to highlight examples of goodpractice. The findings of this study will improve understanding of how to make personalised caremore appropriate for a greater proportion of people with social care needs.100. Legal Issues in Child AbuseChildren Taken into Care or Custody and the 'Troubled Families' Agenda inBritain244