The Mental Capacity Act
The Mental Capacity Act is legislation which increases the legal rights of the person with dementia to be involved in decisions about their own health and care. The Act also means that when somebody no longer has the mental capacity to be involved in decision making themselves, their carer will have the right to be consulted about decisions being made on behalf of the person with dementia, e.g. by health and social care professionals. A supplement of the Act the “Deprivation of Liberties Safeguards “ ( DOLS) has been introduced to ensure that people living in care homes or hospitals are treated in a way that keeps them safe, but also allows them to be free to do the things they want to do. If it is considered that a person needs to be deprived of their liberty to do something, the DOLS code of practice detail the procedures that need to be undertaken to ensure it is in the person’s best interests. More information can be found on The Mental Capacity Act page of the Directgov website.
Human Rights and Civil Rights
It is important to remember that a person with dementia has the same rights as other citizens, and this should be respected.
The Human Rights Act 1998 has given people a clear legal statement of their basic rights and fundamental freedoms.
We also have Civil Rights which are complex and far reaching.
These are specialist areas and information can be found at:
- Your Rights and responsibilities explained
- www.adviceguide.org.uk - Civil Rights
Care Rights and Complaints
Whether you want to complain about hospital treatment, or need advice about what your care rights are, there are organisations who can help, but you may wish to try the complaints procedures of the particular organisation first. Bodies such as the Local Government Ombudsman, Health Services Ombudsman and Care Quality Commission actually require you to have tried to resolve the problem with the organisiation first before they can take action.
How to complain about treatment received from the National Health Service.
Patient Advice and Liaison Service (PALS)
The Patient Advice and Liaison Service (PALS), provides confidential advice and support, to help you to sort out any concerns you may have about NHS care, and to guide you through the different services available from the NHS.
The Patient Advice and Liaison Service aims to:
- Listen to your concerns, suggestions and queries
- Advise and support patients, their families and carers
- Inform about local NHS services and how to access them
- Help resolve concerns and sort out problems on your behalf
Whilst the Patient Advice and Liaison Service can guide you through the process of making a formal complaint, the PALS team are unable to investigate formal complaints themselves. PALS is also unable to offer counselling, diagnosis or any detailed medical information.
There is a PALS team for each NHS Trust. PALS contact details are available online.
Patients Association
The Patients Association is a UK charity which represents patient rights. They produce a number of publications which cover a variety of areas including how to access your medical records and how to make a complaint.
Contact details:
The Patients Association
PO Box 935
HARROW
Middlesex
HA1 3YJ
Tel.: 0845 608 4455
Advocacy
Advocacy is a way of helping people, in partnership, to express their views and wishes, so they can be heard.
Making sure that people listen to what you want to say can be difficult for many reasons. These include embarrassment: not wanting to hurt anyone's feelings: and, being unsure of your rights. This is no different for people with dementia.
What is different is that sometimes it is assumed that people with dementia cannot make choices or do not know what they want. But, if given time, clear information and the chance to say what they want, many people can express their wishes and play their part in making informed decisions. This is where an advocate can help.
Further Information
Further information, on other local organisations providing information and support, can be found in our support and services section.
Further information on national organisations, providing a wide range of advice and support, can be found in the Alzheimer's Society factsheet Voluntary organisations.
