Indirect Payments:when the Mental Capacity Act interacts with the personalisation agenda

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Jepson, Marcus ; Laybourne, Anne ; Williams, Val J ; Cyhlarova, Eva ; Williamson, Toby ; Robotham, Daniel (2016)
  • Publisher: Blackwell Publishing
  • Related identifiers: doi: 10.1111/hsc.12236
  • Subject: R | /dk/atira/pure/researchoutput/pubmedpublicationtype/D016428 | /dk/atira/pure/researchoutput/pubmedpublicationtype/D013485 | learning disabilities and dementia | personalisation | direct payments | Journal Article | Mental Capacity Act | Research Support, Non-U.S. Gov't

This paper reports findings from a study that aimed to explore how practitioners were bringing together the demands of the personalisation agenda, in particular the offer of direct payments (DPs), with the Mental Capacity Act, and to investigate current practices of offering and administering indirect payments for people who lack capacity to consent to them, including the use of 'suitable person' proxies under the new regulations (DH, 2009). The study adopted a qualitative interview-based design; participants were social work practitioners (67) and recipients of 'indirect' payments (18) in six local authorities in England in 2011-2012. The paper reports on five key decision-making points in the indirect payments process: the decision to take on an indirect payment, the assessment of mental capacity, the identification of a suitable person, the establishment of the care recipient's best interests and the decisions about how to execute the indirect payment. We found that practitioners and suitable people had different experiences of the system, although in both cases, there was overarching support for the benefits of enabling people who lack capacity to consent to a DP to receive their social care funding in the form of an 'indirect' payment via a proxy suitable person.
  • References (24)
    24 references, page 1 of 3

    Beresford P. (2001) Service users, social policy and the future of welfare. Critical Social Policy 21 (4(69)), 494-512.

    Boyle G. (2008) The Mental Capacity Act 2005: promoting the citizenship of people with dementia? Health and Social Care in the Community 16 (5), 529-537.

    Boyle G., Williams V.J., Jepson M.J., Swift P., Williamson T. & Heslop P. (2012) Making best interests decisions - are professionals getting it right? Journal of Dementia Care Nov-Dec, 19-21.

    Carr S. (2009) Personalisation: A Rough Guide. SCIE, London.

    Coles B. (2013) Suitable People? An (auto)ethnographic Research Study about the Role of Parents in Managing Direct Payments for Their Son or Daughter with Complex Needs. PhD Thesis. University of Bristol.

    Department for Constitutional Affairs (2007) Mental Capacity Act 2005 Code of Practice. TSO, London.

    Department of Health (2006) Our Health, Our Care, Our Say: A New Direction for Community Services. HM Government White Paper. Department of Health, London.

    Department of Health (2008) Support Planning and Brokerage. Department of Health, London.

    Department of Health (2009) Guidance on Direct Payments: For Community Care, Services for Carers and Children's Services. Department of Health, London.

    Department of Health (2010) A Vision for Adult Social Care: Capable Communities and Active Citizens. Department of Health, London.

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