Mental Capacity and Restrictive Practice

Overview

Framework:
RQF
Level:
Level 3
Unit No:
K/650/2107
Credits:
3
Guided learning hours:
16 hours

Assessment Guidance

Principles: this must include the ‘best interest’ principle.

Legislation and codes of practice: including, but not limited to:
• Liberty Protection Safeguards
• Mental Capacity Act 2005
• Human Rights Act 1998
• Equality Act 2010
• Mental Health Act 1983
• Health and Social Care Act 2012
• Care Act 2014
• Data Protection Act 2018.

Factors: including, but not limited to, fluctuating capacity and time and decision specificity, as well as environment, noise, time of day, coercive/controlling behave from others and so on.

Strategies and skills: these will include effective communication and engagement skills to provide practical support. This may include providing information in different formats, using communication aids, addressing environmental factors, listening, and recognising and
Steps to take: these will include adhering to the principles of the Mental Capacity Act as well as adhering to organisations policies and procedures and include best interest decisions.

Restrictive practice: learners should consider restrictions and restraint. They
should consider practices intended to restrict and restrain individuals as well as
practices that do so inadvertently.

Learners should demonstrate awareness of physical, mechanical, chemical, seclusion, segregation, psychological restraint and the threat of restraint.

Aim

The aim of the unit is to ensure that the learner understands the principles of mental capacity and how they must be applied in practice. They will know about forms of restrictive practice.

Unit Learning Outcomes

1

Understand the principles of mental capacity.

Assessment Criteria

  • 1.1

    Explain the main purpose and principles of relevant legislation and codes of practice relating to mental capacity, and how these principles interact

  • 1.2

    Describe factors that influence an individual’s mental capacity and ability to express consent.

  • 1.3

    Analyse the relationship between:

    • an individuals’ mental capacity
    • consent
    • choice
    • safety.
  • 1.4

    Explain what is meant by ‘valid consent’.

2

Understand the application of the principles of mental capacity and consent.

Assessment Criteria

  • 2.1

    Summarise own role and responsibilities in relation to relevant principles, legislation and codes of practice and upholding individuals’ rights.

  • 2.2

    Explain why it is important to establish an individual’s consent when providing care and support.

  • 2.3

    Analyse how personal values and attitudes can influence perceptions of situations and of individuals’ capacity.

  • 2.4

    Evaluate strategies and skills that could be used to maximise individuals’ capacity to make their own decisions.

  • 2.5

    Explain own role in identifying when an assessment of capacity may be required.

  • 2.6

    Describe the steps to take if consent cannot be readily established and own role in this.

3

Understand restrictive practices.

Assessment Criteria

  • 3.1

    Explain what is meant by ‘restrictive practice’. 

  • 3.2

    Explain the importance and impact of seeking the least restrictive option for individuals.

  • 3.3

    Describe how to raise concerns when restrictions appear out of proportion with evident risk

  • 3.4

    Summarise organisational policies and procedures in relation to restrictive practices and own role in implementing these.