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(In) capacity legislation in practice

  • Justine McCulloch (a1)
Abstract
Aims and Method

Capacity legislation was implemented in Scotland in 2002 under the Adults with Incapacity (Scotland) Act 2000. This questionnaire study aimed to explore the knowledge, experience and opinions of the Act among consultant psychiatrists in Scotland (n=373; response rate 64%).

Results

The majority of respondents had attended an induction programme: 74% were confident in their assessment of capacity and 54% felt confident in their use of the Act. Awareness of the principles and code of practice was good. the administration of the Act varied between areas.

Clinical Implications

Despite good knowledge of the Act, respondents reported they were largely self-taught and would welcome further training. Administration, uptake by other medical disciplines and discrepancies between principle and practice were raised; these concerns are relevant to amendments of this legislation and to other jurisdictions.

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Copyright
This is an Open Access article, distributed under the terms of the Creative Commons Attribution (CC-BY) license (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.
References
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Royal College of Psychiatrists (2003) Scottish Division Manpower Survey 2003. Royal College of Psychiatrists.
Schachter, D., Kleinman, I. & Williams, J. I. (1999) Informed consent for antipsychotic medication. Canadian Family Physician, 45, 15021508.
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Wilks, M. (2004) BMA welcomes proposed legislation on mental incapacity. British Medical Association (http://www.bma.org.uk/pressrel.nsf/wlu/SGOY-5WGGWM?OpenDocument&vw=wfmms).
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BJPsych Bulletin
  • ISSN: 0955-6036
  • EISSN: 1472-1473
  • URL: /core/journals/bjpsych-bulletin
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(In) capacity legislation in practice

  • Justine McCulloch (a1)
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