Policy In community services, such as supported living, shared lives schemes, extra-care housing and domiciliary Care services, providing services to people aged 16 and over who lack capacity to consent to arrangements for giving them necessary care or treatment, when those arrangements may amount to a deprivation of liberty: • The service follows guidance about what amounts to deprivation of liberty given in the 'Cheshire West' Supreme Court judgement P (by his litigation friend the Official Solicitor) v Cheshire West and Chester Council & Anor  UKSC 19 (See Underpinning Knowledge) Compassionate Care Team Ltd works within the Mental Capacity Act 2005 and its Code of Practice.
Compassionate Care Team Ltd can demonstrate that it uses every practicable means to maximise the mental capacity of Service Users to make their own decisions in accordance with the Mental Capacity Act 2005 and its code of practice.
Compassionate Care Team Ltd can demonstrate its commitment to the reduction of restraint and avoidance of deprivation of liberty wherever possible.
Procedure Staff Should:
Be prepared for Court of Protection Appointed Assessors to visit the service. They will interview the person, view records, and may interview staff.
Provide services within the framework of the MCA statutory principles (see the MCA Code of Practice).
Know when and how to assess decision-specific and time-specific capacity, and who should carry out the assessment; record capacity assessments including efforts made to enable the Service User to make the decision for themselves.
Know when and how to make best interests decisions on behalf of Service Users who lack mental capacity at the time a decision needs to be made; record who was consulted and, in particular, the wishes and feelings of the person.
Recognise, record and minimise the use of restraint.