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NEWS


Survey reveals failure to comply with Mental Capacity Act N


ew data published by the Mental Health Foundation has revealed that


over half of health and social care professionals are failing to comply with the requirements of the Mental Capacity Act 2005 when conducting assessments of mental capacity.


The data was collected through the Mental Health Foundation’s assessment of mental capacity audit tool (AMCAT), a free online resource designed to help professionals and carers evaluate and learn from capacity assessments they have made.


Although the individual information entered by users remains confidential, the Foundation has access to aggregated data from the 1,500


responses submitted to-date, enabling them to assess how well the Act is being implemented.


Overall, responses show that 52% of professionals are currently assuming that service users to not have decision- making capacity before conducting an assessment – a direct contravention of the Act’s first principle.


The data also reveals that 38% of professionals are conducting assessments of capacity for reasons other than the service user’s difficulty in making decisions, while 25% are carrying out assessments because they thought the service user was making a wrong or unwise decision.


Both actions again directly


contravene the Act’s requirements, which state that a person should only be assessed when seen to be having difficulty in making a decision, and which defend an individual’s right to make decisions deemed eccentric or unwise.


Toby Williamson, head of development & later fife at the Mental Health Foundation, said: “It is concerning that it appears there are still so many mental capacity assessments being undertaken in direct contravention of the Mental Capacity Act’s fundamental principles. This suggests that a good deal more work may be needed to educate those responsible for implementing the Act on the ground”.


However, Williamson also said


Drinks industry should change way it works to help lower alcohol deaths


R


educing deaths from alcohol-related liver disease need not affect the bottom line


of the drinks industry, according to a new article published in Clinical Medicine, the journal of the Royal College of Physicians.


Using the example of alcohol policy in France over the last 40 years, the study shows that by improving the quality, but reducing the quantity of wine produced, lives were saved while the industry continued to be profitable.


The article also shows how damaging the alternate ‘quantity’ model has been in the UK and Finland over the same period. As sales have shifted from local pubs to supermarkets and taxes


6 nhe


on alcohol have fallen, making alcohol much more affordable, deaths from alcohol-related disease have risen more than fivefold.


According to the authors, poor political management of the situation and irresponsible practices by economic operators have exacerbated the situation.


Other policies examined in the article which could help to address the worrying levels of alcohol-related ill health across the EU include a change in taxation policies which see low alcohol wine (and beer) taxed at the same levels as much higher strength drinks.


Furthermore, the authors note that there is a need for


government-led regulation of the industry’s marketing activities, to address both the content and quantity of adverts in circulation.


Despite the overall fall in alcohol consumption in xouthern Europe, there is an emerging trend for binge-drinking among younger people in this region.


Experts have noted that moves towards marketing strategies that overtly target young people, common in the UK, and the increasing affordability of drinks aimed at young people, have contributed to this pattern.


Lead author, Dr Nick Sheron, said: “A model of alcohol sales that is focused on selling as much as possible is both


irresponsible and in no way sustainable.


“In France and Italy, demand fell for cheap drink as people realised their friends and relatives were suffering the health consequences of too much alcohol consumption.


“Both the government and the industry in the UK should learn from the contrasting experiences from across Europe.


“A proportionate policy response is needed from government, whilst the industry should consider the many ways to ensure that profit making is less damaging to its consumers.”


that some of the results also provided grounds for optimism: “The data do, at least, show that once mental capacity assessments are commenced, they are being carried out in accordance with the Act.


“It is also encouraging that so many people have already used AMCAT since its launch earlier this year, showing a real desire by health and social care professionals to ensure that they are implementing the Mental Capacity Act correctly.


If these professionals continue to heed the advice and suggestions generated through their AMCAT evaluations, we can be hopeful of a more widespread and accurate implementation of the Act in future”.


Jul/Aug 10


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