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Care professionals' understanding of the new criminal offences created by the Mental Capacity Act 2005
Author(s)Jill Manthorpe, Kritika Samsi
Journal titleInternational Journal of Geriatric Psychiatry, vol 30, no 4, April 2015
PublisherWiley Blackwell, April 2015
Pagespp 384-392
Sourcewww.orangejournal.org
KeywordsMental disorder ; Dementia ; Rights [elderly] ; Law ; Elder abuse ; Crime ; Paid welfare workers ; Attitude.
AnnotationImplemented in 2007, the Mental Capacity Act (MCA) 2005 codified decision-making for adults unable to make decisions for themselves in England and Wales. Among other changes, two new offences of wilful neglect and ill-treatment were created under Section 44. The present study explored how the MCA was being implemented in community-based dementia care, focusing on frontline practice. Using qualitative longitudinal methodology, the authors interviewed 279 practitioners in London and South East England two or three times over three years. Framework analysis was applied in order to identify and delineate recurrent themes. Views of the new offences were positive overall, but understanding ranged from partial to non-existent among some participants. Clinicians may be increasingly called upon to provide advice on whether an alleged victim or perpetrator lacks decision-making capacity in cases of suspected elder abuse. They need to be aware of the new criminal offences to ensure that people with dementia, among others, are not abused and that abusers are brought to account. (JL).
Accession NumberCPA-150529273 A
ClassmarkE: EA: IKR: VR: QNT: TWA: QP: DP

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