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This week, our Care, Family, Abuse and Court of Protection departments have been supporting Kirklees Safeguarding Week (‘KSW’).

Here our Court of Protection Partner, Natalie Lang, explains how understanding whether someone holds or lacks capacity is integral when in a safeguarding role.

Determining whether someone has the requisite capacity to make their own health and welfare decisions is a vital safeguarding tool which can allow professionals to strike the right balance between allowing autonomous decisions, and protecting an individual who may not fully appreciate the full consequences of their decision. Understanding the Mental Capacity Act and how to undertake a thorough mental capacity assessment is therefore undoubtedly important for those such as clinical managers, district nurses, community consultants and nursing staff as they must appreciate their role in best interest decision-making. Professionals are encouraged to get involved with the events throughout KSW to consider when refusing treatment may be a capacious decision, or where it may be a sign of self-neglect and warrant a best-interests decision.

Our top suggestions for events to get involved in to help you better understand capacity and safeguarding include:

  1. Mental Capacity Act: How to undertake a thorough mental capacity assessment
  2. The Mental Capacity Act: Resolving Disputes
  3. The Mental Capacity Act: Advance Statements, Advance Care Planning And Advance Decisions To Refuse Treatment

Email Karen.marsden2@cht.nhs.uk or Shahena.asif@cht.nhs.uk to book any sessions above and you can find the KSW brochure here for more details about dates and times.

For more information call our Court of Protection team to discuss your options on 0344 326 0049 or email COPHalifax@ramsdens.co.uk to book a free information session at any of our offices.