I work in domiciliary care. We are commissioned by social services. When we receive a care assessment the social worker states that a person does not have capacity (sometimes it is a broad as this or if we are fortunate they actually state in what area the person lacks capacity.
If it is an area we are being asked to provide care and support in (e.g. personal care) I ask for copies of the MCA and then a copy of the best interest decision taken.
I am told that these documents are not shared with providers and we must carry out our own MCA and deliver the service based on a best interest decision made following assessment.
Am I incorrect to think that we should receive the documents from social services and that the best interest decision document would provide us with insight into how to develop and deliver personal care for the person in the way they would have preferred had they had capacity to make the decision themselves?
Wendy – Access Your Care
As part of your assessment process of service, councils are now asking the care provider to complete all documentation in relation to MCA and Best Interest decisions. This allows you to review the process and make your own decisions on which area the person lacks capacity. Some councils will share information if they deem it relevant to service provision, however more emphasis is on providers following their own procedures.”