2022-23 Annual NMCF Report Published

In the spirit of Carl Honoré’s In Praise of Slow, the National Mental Capacity Forum’s 2022-2023 Annual Report was published during May 2024. It may be found at:

https://www.gov.uk/government/publications/national-mental-capacity-forum-chairs-annual-report-2016

and also on the SCIE website.

The Annual Report confirms that the MCA is not working as Parliament intended, its implementation is uneven and it has not met expectations. Broadly, the rights it confers are still not being realised and the duties imposed are still not being followed. As its opening sentence states:

In 2023, individuals who are subject to the provisions of the Act, their relatives and professionals are witnessing the MCA’s networked systems facing potential collapse. 

This is evidenced by 

  1. the pivotal events from the publication of the 2014 House of Lords post legislative scrutiny report to the Department of Health and Social Care’s 2023 statement, “…the government has taken the difficult decision to delay the implementation of the Liberty Protection Safeguards beyond the life of this parliament…”  and 
  2. case studies.

Four additional case studies complement the five within the Annual Report and they feature on this website. The Forum recognises that case studies provide compelling insights into the use of the Mental Capacity Act. They are drawn from Forum members’ nursing, social care practice and teaching records and are followed by commentaries drafted by Lorraine Currie, Chelle Farnan, Kirsty Keywood, Betsey Lau Robinson, Alex Ruck Keene and Claire Webster. Although the Mental Capacity Act isn’t high in the political stratosphere, the Forum continues to explore better ways of furthering the wishes, aspirations and perspectives of people who are assessed not to have the capacity to make specific decisions. It acknowledges that things change and there is always room for optimism, reflection and renewal.   

About Margaret Flynn

Dr Margret Flynn, was appointed Chair of the National Mental Capacity Forum in march 2022. Since 2019, she has served as a Trustee at Anheddau Cyf, providing support for adults with learning disabilities in North Wales. As Director of All Wales People First and Flynn and Eley Associates Ltd, she brings extensive expertise.