The Mental Capacity Act and Deprivation of Liberty Safeguards principles
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Understanding the Key Guidelines: Mental Capacity Act & Equalities Act
Mental Capacity Act, 2005 and DoLS Principles
The Mental Capacity Act, 2005 combined with the Deprivation of Liberty Safeguards (DoLS) principles, offers a robust framework for the health and social care sector, emphasising the protection of individual rights and autonomy.
Presumption of Capacity
Every adult inherently possesses the right to make personal decisions. One should always presume capacity unless explicitly proven otherwise. Decision-making capacity should never be prejudged based on medical conditions or disabilities.
Provision of Assistance
Prior to concluding a lack of decision-making capacity, it's essential to offer practical support to individuals. The primary objective should always be to empower and aid them in their decision-making.
Respecting Personal Choices
Every individual reserves the right to make choices that may appear unconventional or unwise to others. One's unique beliefs, values, and preferences should not lead to the questioning of their capacity.
Acting in the Best Interest
Should an individual be assessed as lacking capacity, any subsequent decisions or actions taken on their behalf must prioritise their welfare and well-being, adhering to the principle of 'best interest'.
Equalities Act, 2010
The Equalities Act, 2010, streamlines multiple anti-discrimination legislations into a singular act, serving as a bulwark against discrimination.
Protected Characteristics
This Act staunchly defends individuals against discrimination stemming from race, sex, sexual orientation, gender reassignment, disability, religion, marital status, age, and conditions related to pregnancy or childbirth.
Promotion of Fairness & Inclusivity
To foster an equitable and inclusive society, it's vital to be conversant with and consistently uphold the requirements delineated in the Equalities Act.