Its not the social worker who determines who has capacity and who hasn’t! Its the medical profession and assessors.
As my partner is currently being illegally deprived of his liberty by hospital social workers who don"t work evenings or weekends but who are treated as Gods by nurses and police I find this attitude particularly hard to stomach.
mental capacity should be assessed in relation to every decision on the basis of their capacity at that moment so social workers, medical staff, care workers and a host of others all have their place in making assessments. The default assumption is that they have capacity until proven otherwise. I’m afraid I find myself carrying around official guidance on that wherever I go as no one seems to have been properly trained (perhaps because it makes their lives easier to deny capacity ).
Care to set up a separate thread and tell us the story NHShater?
I’d love to but it would be too upsetting. Suffice to say Southampton General and not for the first time. I’m finding it harder and harder to keep up the motivation to fight the system. Last time an ethics committee let him go.
I think it’s important to hear different stories…
My fight for Mums mental capacity started in 2016, my GP didn’t feel qualified, two well paid Dr’s came and assessed Mum and were unwilling to give a verdict. Then a qualified Nurse came in with visual aids and Mum got every answer right. Yay for us Mum has capacity.
January 2019 - The Social Worker asks Mum if she knows how much money she has, as Mum suffers from aphasia and can’t string two words together she didn’t stand a chance. The Social Worker instantly says Mum is lacking mental capacity based on one question.
I hope this helps you cheechee in what to expect.
My first experience of doctors “assessing mental capacity” was two doctors talking quietly to each other over the top of my partner who had neither hearing aids nor glasses (for lipreading) on. They gave no impression they were talking to him. They were also not speaking English as a first language. I learnt about assessing capacity quickly after that. Southampton General again.
I was going to post a photo of my mental capacity crib sheet but I couldn’t work out how to do it. If you go to the nhs website and search for mental capacity act you will find the 2 stage test and the 5 principles along with helpful explanations and suggestions for reasonable assistance.
The cynic in me thinks that capacity varies according to what the professional of the day wants it to be 
My mum was in Southampton General for 5 months. The consultant pleaded with her to say that she could do things which she couldn’t so that she could be transferred to a “cottage” hospital!!! Mum said she couldn’t lie.
Mods I apologise for going of subject a little but today I used my rights of liberty! QCQ were at Hubby’s home today. Was asked if they could speak to me which I agreed to providing it was in private. Not in front of hubby, other residents or staff. I was truthful, and fair I hope. Not the overly grateful wifey I was the last time I spoke to them!
Good for Pet; it’s important to speak out, if things are to improve.
Melly1
We had our nominated GP come out and assess him for mental capacity, this was in regards to another issue we had at the time. The GP said he clearly understood and knew what he wanted so was happy to confirm he had capacity. We also had an independent mental capacity advocate come out for the same issue who also agreed he had capacity.
I was speaking to someone who says that this is just a case of an over zealous SW, and these sorts of decisions about whether the key says in the door or not etc should never go before CoP as it’s not a serious issue and something they should be ruling on.
Cheechee,
glad GP and assessor had some common sense.
Melly1
So if I have PoA I thought that I could make small judgement calls like this to keep hubby safe and looked after… have I got the wrong end of the stick?
Nightmare BB!
I think you’re probably right Cheechee. I’ve got powers of attorney but I never thought of them in that sort of context before.
Good for you, Pet. I wish someone would ask me.
I don’t want to hijack this thread but I’d just like to say that my partner is no longer being kept against his will. It turned out to be a blessing in disguise as he became seriously ill at the weekend and got treated much quicker than he would have been if he’d had to get an ambulance from home. He’s much better now. You might also like to see my new topic “improved hospital”.