Skip to main content

ETHNOS_APP

Home • Search • Journals • List 0

Assessments of mental capacity

Upholding the rights of the vulnerable or the misleading comfort of pseudo objectivity

Bibliographic Data

ID12678366
AuthorsJim Rogers (0000-0001-9327-1245, University of Lincoln, corresponding author), Lucy Bright (University of Lincoln)
Year2019
Volume21
Issue2
Pages74-84
Publication date2019-03-11
Open AccessYes
TypeARTICLE
VenueThe Journal of Adult Protection (JOURNAL)
Journal identifiersISSN: 1466-8203 • E-ISSN: 2042-8669
PublisherEmerald Publishing Limited (PUBLISHER • GB)
DOI10.1108/jap-10-2018-0026
OpenAlexW2921732612
LanguageEN
Citations received5
References cited10

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). Design/methodology/approach Four case study vignettes were given to participants. Three groups involved in the DOLS assessment process were interviewed by telephone about the factors that may influence their capacity assessments. Findings Most assessors did not refer to the required two-stage test of capacity or the “causative nexus” which requires that assessors must make clear that it is the identified “diagnostic” element which is leading to the inability to meet the “functional” requirements of the capacity test. The normative element of capacity assessments is acknowledged by a number of assessors who suggest that judging a person’s ability to “weigh” information, in particular, is a subjective and value-based exercise, which is given pseudo objectivity by the language of the Mental Capacity Act (MCA). A number of elements of good practice were also identified. Research limitations/implications In this exploratory study, participant numbers were small ( n =21), and the authors relied on self-report rather than actual observations of practice or audit of completed assessments. Practical implications The findings are of relevance to all of those working in health and social care who undertake assessments of mental capacity, and will be helpful to all of those tasked with designing and delivering training in relation to the MCA 2005. They also have relevance to policy makers in the UK who are involved with reforms to DOLS regulations, and to those in other countries which have legislation similar to the MCA. Originality/value Much existing literature exhorts further training around the MCA. The authors suggest that an equally important task is for practitioners to understand and be explicit about the normative elements of the process, and the place of ethics and values alongside the more cognitive and procedural aspects of capacity assessments

Audit · Business · Mental capacity · Normative · Objectivity (philosophy · Political science · Psychiatry · Relevance (law · Applied Psychology · Child Abuse and Trauma · Healthcare Decision-Making and Restraints · Homelessness and Social Issues · Psychology · Social Psychology · Accounting

  • Slide the scale back

    Open Access•Alex Gariti•Clinical Ethics•2026

  • Investigating discourses related to the safeguarding of adults at risk

    Sarah Trussler, Sue Maria Shippen•The Journal of Adult Protection•2026

  • How Do, and How Should, Risk Considerations Influence Approved Mental Health Professionals’ Assessments of Mental Capacity? A Literature Review

    Open Access•Clare Brown•Practice•2025

  • They don’t want them to have capacity’

    Open Access•Elaine Aspinwall‐Roberts, Valerie Fleming et al.•Health & Social Care in the…•2022

  • The capacity test; a lament for the ‘old order’

    Christopher Sayer, Ceri Jones et al.•The Journal of Social Welfare Law•2023

  • What do we know about the application of the Mental Capacity Act (2005) in healthcare practice regarding decision-making for frail and older people? A systematic literature review

    Open Access•Kathryn Hinsliff‐Smith, Ruth Feakes et al.•Health & Social Care in the…•2017

  • The role of emotion in decision‐making

    Open Access•Hilary Brown•The Journal of Adult Protection•2011

  • Using thematic analysis in psychology

    Open Access•Braun, Virginia Braun et al.•Qualitative Research in Psychology•2006

  • Thematic Analysis

    Open Access•Lorelli Nowell, Jill M Norris et al.•International Journal of…•2017

  • Facilitating Empowerment and Self-Determination Through Participatory Action Research

    Open Access•Pat Dudgeon, Clair Scrine et al.•International Journal of…•2017

Citations per year1.25
Citation span2022 - 2026 (5)
Highly citedNo

Tools

Open DOIOpen Access
Ethnos_APP • Open Source Project • MIT License • Frontend v2.0.0 • Privacy and Cookies • API Documentation: api.ethnos.app/docs • API Source Code: GitHub • DOI: 10.5281/zenodo.17049435 • Frontend Source Code: GitHub • DOI: 10.5281/zenodo.17050053 • cruz.rio.br • Expectantes Misericordiae