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“We have an MCA policy.”

That’s something I often hear from care providers.
But during inspections, Mental Capacity Act compliance is still one of the areas where services most frequently fall down.
The issue usually isn’t the policy — it’s the practice.

Under Regulation 11 – Need for Consent, providers must ensure that:

✔ People give valid consent to their care and treatment
✔ Capacity is assessed correctly when there are doubts
✔ Best interests decisions follow the Mental Capacity Act
✔ Any deprivation of liberty is properly authorised under DoLS

The CQC Quality Statement around consent also expects services to show that staff understand and apply the MCA consistently in day-to-day care.
Common issues I see include:

• Missing or poorly recorded capacity assessments
• Restrictions in place without lawful authorisation
• Limited understanding of the MCA among staff
• Best interests decisions not properly documented
This is not just a regulatory issue — it is about protecting people’s rights, autonomy and dignity.

As a former CQC Inspector across Mental Health Hospitals and Adult Social Care, and now a practicing Best Interests Assessor (BIA) and qualified Approved Mental Health Professional (AMHP), I understand both the legal framework and what inspectors are looking for.
If you want reassurance that your service is compliant and inspection ready, I offer MCA and DoLS compliance checks to help identify risks and strengthen governance.
Feel free to get in touch if you’d like to discuss.

#Governance #CQC #compliance #mockinspection #sharingpearlsofwisdomforsaferstrongercare