1. 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.

3. 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!

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

5. 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

6. 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

7. 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

8. 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.

9. 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?

10. To make a decision you must be able to
Understand
Remember

11. 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?

12. 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

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

14. 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

15. 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

16. 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.

17. Thank you and good luck with your choices!

18. Rose Harwood learningdisabilitytraining@fsmail
Rose Harwood Tel Mob
Images Copyright 2006 Photosymbols Ltd.
All rights reserved