Care Certificate

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The Mental Capacity Act and Deprivation of Liberty Safeguards principles

Video 108 of 249
2 min 17 sec
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Understanding the Key Guidelines: Mental Capacity Act & Equalities Act

Mental Capacity Act, 2005 and DoLS Principles

The Mental Capacity Act, 2005 combined with the Deprivation of Liberty Safeguards (DoLS) principles, offers a robust framework for the health and social care sector, emphasising the protection of individual rights and autonomy.

Presumption of Capacity

Every adult inherently possesses the right to make personal decisions. One should always presume capacity unless explicitly proven otherwise. Decision-making capacity should never be prejudged based on medical conditions or disabilities.

Provision of Assistance

Prior to concluding a lack of decision-making capacity, it's essential to offer practical support to individuals. The primary objective should always be to empower and aid them in their decision-making.

Respecting Personal Choices

Every individual reserves the right to make choices that may appear unconventional or unwise to others. One's unique beliefs, values, and preferences should not lead to the questioning of their capacity.

Acting in the Best Interest

Should an individual be assessed as lacking capacity, any subsequent decisions or actions taken on their behalf must prioritise their welfare and well-being, adhering to the principle of 'best interest'.

Equalities Act, 2010

The Equalities Act, 2010, streamlines multiple anti-discrimination legislations into a singular act, serving as a bulwark against discrimination.

Protected Characteristics

This Act staunchly defends individuals against discrimination stemming from race, sex, sexual orientation, gender reassignment, disability, religion, marital status, age, and conditions related to pregnancy or childbirth.

Promotion of Fairness & Inclusivity

To foster an equitable and inclusive society, it's vital to be conversant with and consistently uphold the requirements delineated in the Equalities Act.