Chapter 14 Multiple choice questions

. The Mental Capacity Act 2005 (MCA) was established via the Law Commission Report No.231 and it seeks to do which of the following? (there is more than one correct answer)

Set out the legal process used to determine whether a person has mental capacity to make a particular decision

Ensure that people who lack mental capacity can be deprived of their liberty by a social worker

Establish the principles upon how decisions are to be made when a person is assessed as lacking capacity

Enable individuals to make advanced decisions to refuse medical treatment in the future when they no longer have capacity to make the decision

. The MCA provides a test for assessing capacity of a person who has been identified as unable to make a particular decision at a particular time (section 3), which of the following is NOT part of the test?

The person is assessed as lacking capacity if they are unable to understand the information relevant to the decision

The person is assessed as lacking capacity if they are unable to communicate their decision by any possible means

The person is assessed as lacking capacity if they can only retain the information for a short period of time

The person is assessed as lacking capacity if they are unable to weigh the information as part of the decision making process

. The MCA states in section 4 that any decision made on behalf of a person who lacks capacity must be made in their 'best interests', (this was further supported by case law – Re P 2009) what does making decisions in someone's best interests mean?

That the decision made on behalf of the person is believed to be the best possible decision in the circumstances

That the decision is what the next of kin feels is best for their relative even if this is at odds with the previously expressed wishes of the individual

The decision is made by an independent advocate who understands the MCA and is trained to identify the best possible outcome for the individual

The decision maker must consider all relevant circumstances; involve the individual as far as possible, take into account the individual's past and present wishes and take into account any third-party views as to what would be in the individual's best interest

. Section 5 of the MCA provides 'protection from liability' to carers and professionals who intervene in the life of a person who lacks capacity; i.e. it protects them from possible prosecution and liability arising in connection with the individuals care and treatment. What types of interventions are protected by section 5 of the Act? (There are two examples to identify)

Assisting with personal care and dressing

The ability for a carer or family member to make a decision on behalf of the incapacitated person

Ensuring that the individual's house is kept in good decorative order

Making financial decision on behalf of the incapacitated person

. There is a key issue within the MCA which ensures that even where a person lacks capacity to make a decision they should be involved in the decision-making process, who else (other than the professionals) might be involved in the decision-making process?

Any person the adult requests to be involved

Anyone interested in supporting the incapacitated person

Anyone interested in the Individual's welfare

An independent advocate

. What does the acronym IMCA mean?

Independent Mental Capacity Advisor

Independent Mental Capacity Advocate

. The MCA enables a person who has capacity to choose a person to make decisions on their behalf when they lose capacity to make their own decisions; this is known as giving a person Lasting Power of Attorney (LPA); what does this empower the person with LPA to do on behalf of the incapacitated person?

Claiming and using the individual's welfare benefits to supplement their own income

Make decisions regarding how the individual's treatment and care is provided

Give access to the individual's financial affairs to professionals

Decide who the individual has contact with

. Adult Safeguarding has been an area often overlooked in legislation, the Care Act 2014 made efforts to address this, which section focuses on the statutory duty of a Local Authority to make enquiries into a situation where a person is or may be at risk or unable to protect themselves from abuse or neglect?

Section 37

Section 42

. The Care Act (2014) Section 43 establishes a statutory duty for Local Authorities to have Safeguarding Adults Boards (SAB), they carry out Safeguarding Adult Reviews (under Section 44) what events must occur or be occurring for these reviews be arranged?

An adult is living in squalid conditions

An adult has died of natural causes

An adult is alive, but it is suspected they have experienced abuse or neglect

An adult is alive and claims they are being targeted for hate crime

. The Soham murders (2002) where Holly Wells and Jessica Chapman were murdered by school caretaker Ian Huntley, led to which piece of safeguarding legislation?

Sexual Offences Act 2003

Criminal Justice Act 2003

Safeguarding Vulnerable Groups Act (2006)

Domestic Violence, Crime and Victims Act 2004

. The Domestic Abuse Bill is at the time of writing going through Parliament, according to Home Office statistics published in 2019 how many victims of domestic abuse were recorded in England and Wales?

2.4 million

2.6 million

. Addressing domestic abuse is challenging and one way to manage offences is through use of the Domestic Violence Disclosure Scheme (DVDS) also known as 'Clare's Law' what procedures does this process set out?

Release of information about someone even where it is deemed unnecessary

The right to know about the background of someone who has a history of domestic violence

The right to ask the police about a partner's history of domestic violence or violent acts

The right to ask about a friend who does not live with you but you are concerned about the risk they pose to others

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