{{org_field_logo}}

{{org_field_name}}

Registration Number: {{org_field_registration_no}}

---

Supporting People with Mental Incapacity in Home Care Policy

1. Purpose

This policy outlines {{org_field_name}}’s approach to supporting people with mental incapacity in home care settings. It ensures that care and support are delivered in a manner that upholds the rights, dignity, and independence of individuals who lack capacity while complying with relevant Scottish legislation, including the Adults with Incapacity (Scotland) Act 2000 and Health and Social Care Standards.

The policy provides clear guidance to staff on how to assess, support, and protect individuals while promoting person-centred care and legal compliance.

2. Scope

This policy applies to all staff members, including care workers, supervisors, managers, and administrative personnel involved in providing or supporting care for people with mental incapacity within home care settings. It also applies to family members, advocates, and other professionals working in collaboration with {{org_field_name}}.

3. Legal and Regulatory Framework

This policy aligns with the following legislation and guidance:

• Adults with Incapacity (Scotland) Act 2000 – Provides a legal framework for decision-making on behalf of adults who lack capacity.
• Mental Health (Care and Treatment) (Scotland) Act 2003 – Governs the care and treatment of individuals with mental health conditions.
• Health and Social Care Standards – Ensures high-quality, person-centred care.
• SSSC Codes of Practice – Sets out the responsibilities of social service workers and employers.
• Care Inspectorate Guidance on Personal Planning – Provides best practices in care planning.

4. Principles of Supporting People with Mental Incapacity

4.1. Respect for Rights and Dignity

• Ensure individuals are treated with dignity, respect, and compassion at all times.
• Follow a person-centred approach, recognising individual preferences, history, and wishes.
• Support individuals to be involved in decisions as much as possible, even when they lack capacity.

4.2. Legal Compliance and Best Practice

• Decisions must be made in the individual’s best interests, following the principles of the Adults with Incapacity (Scotland) Act 2000, ensuring they are necessary, proportionate, and the least restrictive option.
• Principles of the Act must be upheld, including benefit to the person, consideration of past and present wishes, and consultation with relevant parties such as family members, advocates, and professionals.
• Where appropriate, involve Power of Attorney, Guardians, or Legal Representatives in decision-making processes, ensuring all legal authorisations are in place.
• Staff must undertake mandatory training in supporting people with mental incapacity, which includes understanding legal frameworks, ethical decision-making, and case-based application of the law.
• Decisions and actions taken on behalf of individuals must be clearly documented, ensuring transparency and accountability.
• Multi-agency collaboration must be promoted, ensuring compliance with legal standards and the best outcomes for individuals by working with healthcare professionals, local authorities, and advocacy groups.

4.3. Capacity Assessment

• If an individual’s capacity is in question, seek a formal assessment from a medical professional such as a GP, psychiatrist, or other relevant healthcare professional.
• Staff must not assume incapacity; every effort should be made to enable individuals to make their own decisions. This includes providing appropriate communication support, breaking information into manageable sections, and using visual aids where necessary.
• Capacity should be assessed on a decision-specific basis, meaning an individual may have the capacity to make some decisions but not others.
• Assessments should be reviewed regularly, particularly if there is a change in the individual’s condition or circumstances.
• Where a person lacks capacity, decisions must be made in their best interests, taking into account their past and present wishes, values, and beliefs.
• Staff should involve relevant parties such as family members, advocates, or legal representatives where appropriate.
• All capacity assessments and decisions must be clearly documented, including the rationale for the decision, who was involved, and the steps taken to support the individual’s participation in the decision-making process.

4.4. Person-Centred Care Planning

• Personal care plans must reflect the needs, preferences, and aspirations of the individual and be tailored to promote independence, dignity, and quality of life.
• Plans should be developed in collaboration with family members, advocates, and professionals, ensuring that all relevant perspectives are considered and the individual’s voice is central to decision-making.
• Care plans should include clear goals, preferred routines, and risk management strategies that balance safety with personal choice.
• Communication methods should be adapted to meet the individual’s needs, such as using visual aids, simple language, or assistive technology where required.
• Staff should regularly review and update care plans to reflect changes in the individual’s condition, needs, and preferences, ensuring a dynamic and responsive approach.
• A key worker should be assigned to each individual to oversee the implementation and continuity of their care plan, acting as a consistent point of contact.
• Where required, legal representatives or advocates should be involved in care planning discussions to ensure that decisions align with the individual’s rights and best interests.
• Staff should document all aspects of the care planning process, including consultations, decisions made, and any changes to the care plan, to ensure transparency and accountability.
• Personal care plans must reflect the needs, preferences, and aspirations of the individual.
• Plans should be developed in collaboration with family members, advocates, and professionals.
• Regular reviews should be conducted to ensure evolving needs are met.

4.5. Use of Advocacy and Guardianship

• Where individuals lack capacity and do not have a guardian or Power of Attorney, referrals should be made to independent advocacy services.
• Where Guardianship Orders are in place, staff must work within the legal parameters set by the court.

4.6. Risk Management and Safeguarding

• All care must be risk assessed, ensuring a balance between safety and independence.
• Staff must report any concerns regarding neglect, abuse, or exploitation immediately following the Adult Support and Protection (Scotland) Act 2007 procedures.

5. Role of Staff

5.1. Training and Development

• All staff must undergo training on mental incapacity, decision-making frameworks, and safeguarding.
• Training should cover communication techniques, legal responsibilities, and best practices.

5.2. Record-Keeping and Documentation

• Accurate records must be maintained, detailing assessments, decisions, and care provided.
• Staff must document any significant changes in the person’s capacity or needs.

5.3. Working with Other Professionals

• Staff must collaborate with healthcare professionals, social workers, and legal representatives to provide holistic care.
• Regular case reviews should be conducted to align with multi-agency support.

6. Related Policies

This policy should be read in conjunction with:

• Safeguarding Adults Policy
• Personal Care Planning Policy
• Data Protection and Confidentiality Policy
• Risk Assessment Policy
• Training and Development Policy

7. Policy Review

This policy will be reviewed annually or sooner if there are changes in legislation, best practices, or operational requirements. Updates will be communicated to all relevant staff members.

For further information, please contact {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}, Registered Manager at {{org_field_name}}.

---

Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.