FOR IMMEDIATE RELEASE:

Council’s and the NHS Face New Prosecution Under The Mental Capacity Act Coming Into Full Enforcement April 1, 2007

January 31, 2007

Newcastle Upon Tyne, UK

The Mental Capacity Act becomes law in April 2007 making it a criminal offence to neglect or ill-treat a person who has diminished mental faculties. The penalties will range from litigation to civil or criminal penalties. An example of those covered by the Act would be an individual that has mental health issues or has been affected by dementia, stroke, brain injuries or Alzheimer’s disease. The Act intends to protect people who lose the capacity to make their own decisions. According to the Department of Constitutional Affairs, there are up to 2 million people in England and Wales that lack the mental capacity to make decisions for themselves.

The Act is especially relevant due to the national press coverage on the abuse of elderly in public and private care. The abuse detailed included sexual, physical, mental, gross neglect, theft as well as financial abuses. There are estimates in the press throughout 2006 of up to 500,000 elderly being abused at any time in the UK. Another common abuse of the elderly is having them sign an altered will or other financial documents without being in full control of their mental faculties. Later in 2007 this will be addressed by the creation of a new court, The Court of Protection. This court is aimed at addressing the specific issues of abuse of individuals with diminished mental capabilities.

Now is the time for government agencies to train their staff in the key provisions of the Mental Capacity Act, the implications of the Act on residential, institutional and hospital care, and how the Act works in conjunction with other legislation. These measures will show a commitment to reduce the liability from the inappropriate actions of staff.

Central government has made funding available through local authorities to commission training. This training should specifically show what staff should do when they suspect or see abuse of a person with diminished mental capacity.

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