A Practical Guide to the Mental Capacity Act 2005 by Matthew Graham Jakki Cowley

Author:Matthew Graham, Jakki Cowley [Matthew Graham, Jakki Cowley]
Language: eng
Format: epub
ISBN: 9781849055208
Barnesnoble:
Publisher: Kingsley, Jessica Publishers
Published: 2015-05-21T00:00:00+00:00

Case study

Simon is 23 years old and has a learning disability; he is admitted to hospital via ambulance after collapsing at home. He was, as a child, under the care of a consultant paediatrician who is asked to see Simon due to concerns raised by the treating consultant. Simon is very small in size and the consultant wants to know from the paediatrician if this is his normal presentation, i.e. related to his disability. The paediatrician visits Simon and instigates safeguarding procedures, stating that his presentation is similar to that of those held in concentration camps. He believes he has been neglected at home and has concerns about discharging him once he’s well.

A referral is made to the IMCA service where an initial strategy meeting is held to discuss the protective measures, which are for Simon to be discharged to respite rather than home. Simon’s mum is invited to the meeting, but does not attend, therefore the learning disability team visit her on two occasions over the next week and leave a note asking her to contact; she has yet to visit Simon on the ward. The IMCA meets with Simon on three occasions and although he doesn’t verbally communicate and appears frightened when he first meets her he responds well when accompanied by the learning disability nurse whom he knows.

Two further meetings are held on the ward whilst Simon recuperates to discuss possible respite and the benefits of this for Simon. The learning disability team also catalogue their concerns over the last six months, but explain they have no evidence as such to back up their concerns that Simon is being physically neglected as Simon’s mum does not respond to any phone calls, letters and has so far yet to attend a meeting. At the final meeting she attends and the concerns are put to her, but she states she is a good mum and wants Simon back home. She is unable to answer any questions about Simon’s diet, why she has missed healthcare appointments that have been arranged for him and describes the use of a child buggy to mobilize Simon as ‘easier all round’.

Due to the protective measure proposed, the IMCA suggests that what is being proposed (in light of mum’s objections) is a Deprivation of Liberty. It is therefore felt appropriate to progress the issue to the Court of Protection as an urgent matter due to the fact Simon is almost ready for discharge.

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