... safeguarding powers? They have, for example, powers under the Mental Capacity Act now, the inherent jurisdiction of the High Court, public health powers and environmental health powers. And there’s an argument that these powers probably cover much of the same ground as Section 47. But what’s lacking...

...Karl Mason; Daniel Bedford; Alice Leyman; Philip Bremner Purpose The Inherent Jurisdiction of the High Court (the IJ) is used in safeguarding adults work to protect “vulnerable adults” whose autonomy is compromised but who have mental capacity as defined by the Mental Capacity Act 2005...

...Fiona Laskaris Purpose This paper aims to highlight devastating consequences when professionals misappropriate the presumption of capacity in s1 Mental Capacity Act 2005. Design/methodology/approach This is the story of my vulnerable son's life and the failure of services to provide...

... of awareness of the needs of those with ABI and their families and around the symptoms and nuances of brain injury, particularly executive impairment and mental capacity, among social workers; poor interdisciplinarity led to a lack of shared communication and decision-making with professionals...

...Jaime Lindsey; Mary O’Reardon Purpose The purpose of this paper is to consider the role of social work professional evidence in mental capacity law, specifically Court of Protection proceedings. The authors analyse how social workers perform as evidence givers in this domain and how social work...

... of clients with impairments to decision making. The purpose of this paper is to explore the application of the Mental Capacity Act (MCA) and its guidance when applied to ABI survivors. This research aimed to: first, highlight potential conflicts or tensions that application of the MCA might pose, and second...

...Jim Rogers; Lucy Bright Purpose The purpose of this paper is to present findings from a research project which investigated the approaches of different groups of assessors to the mental capacity assessments which are required to be conducted as part of Deprivation of Liberty Safeguards (DOLS...

...George Clerk; Jason Schaub; David Hancock; Colin Martin Purpose The purpose of this paper is to present the findings of a study considering the application of the Mental Capacity Act and Deprivation of Liberty Safeguards (DoLS). Practitioners from a range of professions were recruited to provide...

...Gillian Dalley; Mary Lynn Gilhooly; Kenneth Gilhooly; Michael Levi; Priscilla Harries Purpose The purpose of this paper is to report on the aspects of an exploratory investigation into the scale and nature of the financial abuse of adults lacking mental capacity. Design/methodology/approach...

...Tim Spencer-Lane Purpose The purpose of this paper is to provide a brief overview of the Law Commission’s final report and recommendations on the reform of the deprivation of liberty safeguards under the Mental Capacity Act. Design/methodology/approach Summary of main report. Findings...

... only Pete Morgan can be contacted at: pmcs26@btinternet.com Mental health Traumatic brain injury Mental capacity Safeguarding adults Hospital discharge planning Substance misuse This paper is a privilege if not a pleasure to be asked to write, but also a difficult task...

... for more effective communication between professionals managing the care of those with TBI. Furthermore, professionals need training in the need for mental capacity assessments and improved safeguarding and risk assessments with adults with TBI. Originality/value This paper provides insight...

... or outcome. Assessment Safeguarding Making Safeguarding Personal Outcomes Mental capacity Adult services Making Safeguarding Personal (MSP) is a developmental project for safeguarding adults established by collaboration between the Association of Directors of Adult Social Services...

.../intellectual disabilities Legal Mental capacity The new obligations imposed by the Care Act 2014 (“the Care Act”) have given heightened emphasis to the importance of safeguarding. In the context of those with impaired capacity, fulfilling those obligations requires those involved to have a clear...

... is highly appropriate and valuable to the Journal. aimed at delivering improved outcomes for people with health and care needs, and their families and carers; rooted in the Mental Capacity Act; straightforward and non-elaborate; compliant with the European Convention on Human Rights...

... Emerald Group Publishing Limited 2014 Older people Dementia Safeguarding Mental capacity People with dementia have long been recognized as being at risk of financial abuse; defined in England as behaviour “includ[ing] theft, fraud, exploitation, and pressure in connection with wills...

... Publishing Limited 2013 Mental capacity Elder abuse Financial abuse Gardaı´ (Irish police service) Power of Attorney Enduring Power of Attorney Ward of court Senior case worker There is increasing recognition of elder abuse both internationally and in the Republic of Ireland. The full...

...Matthew Gough; Lianne Kerlin Purpose The Mental Capacity Act (MCA) was implemented in 2007 as a piece of legislation to empower and protect adults who require support making decisions. Many older adults in residential care homes will be in this position due to developmental disabilities associated...

.... A sample of staff was surveyed to investigate their knowledge of the Mental Capacity Act 2005 in 2010. Interviews, incorporating discussion of a vignette, were undertaken with a range of staff and findings were analysed thematically. These findings are contextualised by an analysis of Trust policies...

...Hilary Brown Purpose This review of the decision‐making literature aims to challenge the rational model of decision‐making upon which the Mental Capacity Act (MCA) 2005 is premised. Design/methodology/approach The paper forms part of a larger study commissioned by the Office of the Public...