Adult Protection

Northern Ireland

PSNI probe sexual abuse claims at Antrim hospital

Friday, February 16, 2007
A police investigation is underway into allegations of sexual abuse of patients at a hospital in the North.
The Muckamore Abbey Hospital in Co Antrim, which is a regional centre for people with learning disabilities and mental illness, is the focus of the investigation, covering a period from the 1960's to the 1980's.
Allegations of sexual abuse are understood to have been made by a former patient, who claimed he suffered abuse by an older patient when he was a teenager at the hospital in the 1970's.

(From the Belfast Telegraph)

Implementation timetable for the Mental Capacity Act 2005

A Parliamentary Statement was made on Monday 18th December 2006;

Mental Capacity Act 2005

The Minister of State, Department for Constitutional Affairs (Ms Harriet Harman): My right hon. and noble Friend the Parliamentary Under-Secretary of State, Baroness Ashton of Upholland has made the following written ministerial statement:

"Today the Government are announcing their timetable for the introduction during 2007 of the Mental Capacity Act 2005

In April 2007 the Independent Mental Capacity Advocates (IMCA) and some directly related elements of the legislation to support it, the code of practice to provide guidance and the criminal offence of ill treatment and wilful neglect will be in place. In Wales, the Assembly's Minister for Health and Social Services will very shortly be determining the date of commencement of the IMCA service in the light of this statement.

From October 2007 the new court of protection, public guardian and the office of the public guardian will become operational for England and Wales, this will ensure adequate time to train the many civil servants and professionals affected by the Act and the very important changes that it brings. Lasting powers of attorney will also begin operating from this time".

(Direct link to statement)

The Mental Capacity Act comes in to force on 1 April 2007. In relation to health and social care the Act aims to better support people unable to consent to proposals by NHS bodies or Local Authorities for:

www.adultprotection.org.uk

Serious medical treatment;
A stay of more than 28 days in hospital or eight weeks in a care home
A change in a person’s accommodation to another hospital for more than 28 days or more than eight weeks in a care home
A change in or to provide residential accommodation for more than eight weeks

In addition, the Act:

Makes changes to Enduring Power of Attorney and Court of Protection arrangements, including the ability to make an ‘advance decision to refuse treatment’
Only applies to people aged 18 years and older
Does not apply to people who are the subject of a Section under the Mental Health Act; and
Requires that an Independent Mental Capacity Advocate (IMCA) service is commissioned by the relevant local authority, and made available to 'decision makers' in respect of people who are ‘un-befriended’ (for example, they do not have family, friends, carers or significant others)

Information Booklets and Leaflets :

There is a wide range of booklets and leaflets downloadable from the website of the Department for Consitutional Affairs

The Mental Capacity Act 2005

The Mental Capacity Act governs decision-making on behalf of adults, where they lose mental capacity at some point in their lives or where an incapacitating condition has been present since birth. The Act received Royal Assent on 7 April 2005 and will come into force in April 2007.

Here is access to a summary of the Mental Capacity Act as well as an easy read version.

Summary of the Mental Health Act (pdf)
Easy to read version of the Mental Health Act (pdf)

Further information about the Act is available from the website of the Department for Consitutional Affairs, downloadable from http://www.dca.gov.uk/legal-policy/mental-capacity/index.htm