The Mental Capacity Act Today we are going to talk about the MCA This is a Law – does anyone know what a Law means? Decided in the Houses of Parliament by the Prime Minister and other MP’s who we vote for What can happen when someone doesn’t do what the Law says? Today we’re talking about a Law called the MCA It’s very important. It’s for everyone, and people with LD’s need to know about it. It might help them a lot.

Rules for today Ground Rules Join in and talk Use the Red card if you don’t understand or don’t agree Use the yellow card if you want to say something or ask a question Make sure everyone is included and no-one feels left out Listen Be quiet when other people are talking (talk one at a time) Have fun!

Mental Capacity means being able to make your own choices and decisions

Today we will look at what the Law says about: Your right to make choices and decisions What support you must have to help you decide What happens if you can’t decide for yourself

Your Right to Choose It’s your life! You can choose how to live Choices like what to wear, if you go out or stay in, and what time you go to bed

Make a list or draw some of the choices you make in your life What sorts of things were on your list? (Check that sufficient breadth of topics, and levels of risk) We will come back to that list later Can you always get what you want? Why can’t you always get what you want? (what stops you etc) – answers on flipchart

You can’t always get what you want! Other people have Rights too So you can’t hurt them just to get what you want Sometimes you might hurt yourself Your support staff have to try to keep you safe Ok, so you can’t always get what you want. But is it always easy to decide what you want? Sometimes it’s hard to make choices. Why? List on flipchart If no response / too difficult, get group to go back to the list of choices and ask support staff to help Prompts: What choices are easy & hard What makes them hard? Give e.g.’s: not wanting to upset anyone; not being able to choose between 2 nice things happening at the same time; not being sure if I will like something I’ve not tried before.

Sometimes it’s hard to decide There might be a lot of things to think about You might need help to understand It might not be the right time or place You might get worried or upset You might not have been allowed to make many choices before Match these points to the group’s examples and / or give own examples: Lots of things to think about - like moving house Help to understand (like pictures, video, someone explaining slowly, going over it again) Not right time / place (Too noisy, not very well, just woken up) Worried / upset - Don’t want to think about it (going to hospital for an operation), don’t want to upset family / staff, what if I make a mistake and get hurt or it goes wrong? Not allowed - Staff or family have always decided?

To make a decision you must be able to Understand Remember

You also must be able to Think about the choices Weigh them up in your mind You need to think about: What is good about the choices and What is bad What things might happen Sometimes you have to be able to think a long time ahead. This woman is deciding whether to eat a burger or fruit. If she eats a burger today that’s ok. But what would happen if she always chooses the burger every day? Has anyone here had an injection? What is good and what is bad about having an injection?

And you must be able to Tell someone about your choice How can people tell about their choices? People can tell by: Speaking Nodding / Shaking head Blinking eyes Making a face – smiling / frowning

The Mental Capacity Act says... People with learning disabilities CAN decide You must have support to understand It’s OK to make mistakes sometimes

Assessment If it is hard for you to choose, someone will do an assessment. This means checking what you need support with. It could be the Support Worker or Social Worker, or a Nurse or Doctor Your Care Plan should say what support you usually need with making decisions

If you can’t make a decision, other people who know you well must choose. This is called Best Interests They must involve you and think what is important to you when they decide They might have a meeting You may get an advocate (someone who speaks up for you) If they can’t agree, the Court of Protection decides

Other ways the Law can help: If you can’t choose for yourself... You could choose who decides for you Ask your Keyworker or Social Worker about Lasting Power of Attorney This person could decide for you about things like your money or what support you get What could happen to me in the future that might mean I can’t make decisions? I could get dementia or have a stroke which might mean I find it too hard to understand some decisions. Mu husband and my friends know me very well. If I make my husband or my friend Attorney now, they will be able to make decisions for me if I can’t They will know what I like and don’t like and that will help them to make the right choice for me.

Thank you and good luck with your choices!

Rose Harwood learningdisabilitytraining@fsmail Rose Harwood learningdisabilitytraining@fsmail.net Tel 01453 758778 Mob 07999 516441 Images Copyright 2006 Photosymbols Ltd. All rights reserved