Interestingly in 2.1 it says: "The MCA legislation is not well understood or implemented. Because of this, staff may be too quick to assume that people lack the capacity to make any decisions. Also staff may not try to maximise people’s capacity, or carry out decisions within the best interests framework of the MCA, because they don’t understand the legislation."
I have sent the RP case which is a key one relating to mental capacity to the grand chamber of the European Court of Human Rights. Far too many people have their capacity removed wrongly. The system remains chocabloc with conflicts of interests and rubbishy assessments and the route to challenge is overly bureaucratic (a legal appeal rather than a merits appeal).
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