Exam Pass Notes

Use these notes for a final quick review before the assessment.
Core ideas
- Mental capacity applies to a specific decision at a specific time.
- Presume capacity unless there is evidence otherwise.
- Make all practicable efforts to support the person to make the decision before concluding they lack capacity.
- A person is not to be treated as lacking capacity because they make an unwise decision.
- When a person lacks capacity, decisions must be in their best interests and the least restrictive option should be chosen.
Restrictive practice
- Restriction is broader than physical restraint.
- It includes environmental controls, removing aids, chemical restraint, blanket rules, surveillance, and limits on movement or contact.
- Restrictions must be necessary and proportionate, not used for staff convenience.
- Repeated or routine restriction should prompt a review of care and alternatives.
Liberty safeguards
- In England, escalate concerns when a person lacking capacity appears to be under continuous supervision and control and is not free to leave.
- This may indicate that DoLS arrangements are required or need review.
- Frontline staff are not usually responsible for completing the application, but they must recognise and escalate the situation.
- Records should state what restrictions are in place, how capacity was supported, the best-interests reasoning, and scheduled review points.
For exam questions, favour answers that support decision-making, avoid blanket restrictions, identify when rights are limited, and escalate concerns before restrictive practice becomes routine.

