MCA lead and job description and MCA policy

Sylvia Rushbrooke made this Rhyddid Gwybodaeth request to NHS Kingston Clinical Commissioning Group

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Mae'r ymateb i'r cais hwn yn hwyr iawn. Yn ôl y gyfraith, ym mhob amgylchiad, dylai NHS Kingston Clinical Commissioning Group fod wedi ymateb erbyn hyn. (manylion). Gallwch gwyno drwy yn gofyn am adolygiad mewnol.

Dear NHS Kingston Clinical Commissioning Group,

As per the following NHS document
https://www.scie.org.uk/files/mca/direct...
Commissioner MCA and DoLS responsibilities checklist Version1.605/02/2016

A commissioner checklist to clearly outline CCG and CCG MCA leadresponsibilities for ensuring MCA compliance has therefore been developed.
2
It is important commissioners have an oversight that residents in their area are being treated in accordance with the MCA.

5. CCG responsibilities - CCGs are required to:
☐Have a named responsible CCG MCA lead in place, who is appropriately trained1

Please supply the name and contact details of that person or any other person acting in that MCA lead current role ?

☐Have an MCA/DoLS policy or assurance frame work in place

Please supply the policy and assurance framework referred to above currenlty and what was in place in 2015 and 2016?

Please supply your MCA lead job description and roles and responsibilities?

7.1.1 Contract monitoring
☐Ensure all services commissioned by the CCG have contracts in place with MCA expectations in service level agreements

Please send a sample of the expectations laid out in service level agreements in relation to above?

7.2.1 Quality assurance
☐Collect evidence from providers thatshowsthey are fully compliant with the MCA/DoLS
How does the CCG collect the referred to evidence and what is the evidence required

7.2.2 Policies and procedures
☐Check provider MCA/DoLS policies and procedures
How is the above achieved and how often is it checked for compliance?

7.3.1 MCA support
☐Ensure service users and carers have access toMCA/DoLSinformation
How is this done ?
where can I find access to MCA information in your CCG?

7.3.2 Quality assurance
☐Collect patient and carer MCA feedback
How are patients MCA feedback obtained?
and how and where do I give feedback to as a service user/carer?

What is the penalty for contracted services who fail to comply with safeguarding requirements included within service specifications and quality schedules. ?

CCGs require a high level of knowledge on the legislation across their organisation and need to know how to seek assurances from their providers that they both understand the legislation and are operating within its framework.

How is this implemented and enforced with contracted services ?

Please supply any reports etc that evidence the involvement of clinical governance processes in best interests decision-making demonstrating how the guidance given in the Code is being applied in practice.?

Please provide any policy valid in 2016 nd currently relating to National Patient Safety RapidResponse Report: NPSA/2008/RRR011, “Reducing Risk of overdose with midazolam injection in adults’’ available at http://www.npsa.nhs.uk

Yours faithfully,

Sylvia Rushbrooke

Foi (NHS NEL CSU), NHS Kingston Clinical Commissioning Group

Dear Ms Rushbrooke,

RE: Freedom of Information Request

I am writing to formally acknowledge your request for information regarding MCA Lead and Job Description, which will be processed under the Freedom of Information Act 2000. I can confirm your request was received on 02 February 2019 by NEL on behalf of the Clinical Commissioning Groups (CCGs) listed below. The references for your requests are shown alongside.

FOI.18.KIN237 NHS Kingston CCG

An initial investigation is currently taking place into whether the information you have requested is held by the CCGs and if so, whether it can be released in accordance with the legislation.

Any fees applicable to this request will be detailed in writing as soon as they can be determined. Your request will then be placed on hold and you will have the choice of whether to proceed with your request. Should any clarification of your request be required we will advise you accordingly.

If you require any assistance, or would like to discuss your request, please do not hesitate to contact us quoting the reference number above.

Yours sincerely,

Freedom of Information Team
NEL
[Kingston CCG request email]

Lower Marsh, 3rd Floor
Waterloo, London, SE1 7NT

www.nelcsu.nhs.uk
@NELCSU
LinkedIn

dangos adrannau a ddyfynnir

Foi (NHS NEL CSU), NHS Kingston Clinical Commissioning Group

5 Atodiad

Dear Ms Rushbrooke

 

RE:          FOI.18.KIN237  on behalf of NHS Kingston Clinical
Commissioning Group

 

Please find attached a letter and supporting docuements responding to your
Freedom of Information request. 

 

With regards

 

 

Freedom of Information team
NEL

[email address]

 

 

1 Lower Marsh, 3^rd Floor 
Waterloo, London SE1 7NT

  

[1]www.nelcsu.nhs.uk

[2]@NELCSU 

[3]LinkedIn

 

dangos adrannau a ddyfynnir

Dear Foi (NHS NEL CSU),
Thank you - however you have sent me the Lead Nurse for Adult safeguarding job description in error - I requested the job description for the DH obligatory required MCA lead for Kingston CCG

Please advise who and contact details of the person in charge of the Kingston CCG Mental Capacity Act Team (this should be the MCA lead) as referred to in the job description sent?

Yours sincerely,

Sylvia Rushbrooke

Foi (NHS NEL CSU), NHS Kingston Clinical Commissioning Group

Dear Ms Rushbrooke

 

RE: Freedom of Information Request

 

I am writing to formally acknowledge your request for information
regarding contact details Mental Capacity Act Team (MCA lead) which will
be processed under the Freedom of Information Act 2000. I can confirm your
request was received on 9 June 2020 by NEL on behalf of the Clinical
Commissioning Groups (CCGs) listed below. The references for your requests
are shown alongside.

 

NHS
South
West
London
FOI.20.SWL030 CCG

 

An initial investigation is currently taking place into whether the
information you have requested is held by the CCGs and if so, whether it
can be released in accordance with the legislation.

 

Any fees applicable to this request will be detailed in writing as soon as
they can be determined. Your request will then be placed on hold and you
will have the choice of whether to proceed with your request. Should any
clarification of your request be required we will advise you accordingly.

 

As you know, the NHS across the country is facing unprecedented challenges
during the coronavirus (Covid-19) pandemic, and is working hard to ensure
that the appropriate care can be delivered to patients.  As such, we would
like to advise that we may not be able to provide a response to your
request within the normal timescales required of us. If this is the case,
a further update will be provided to you in due course.

 

If you require any assistance, or would like to discuss your request,
please do not hesitate to contact us quoting the reference number above.

 

Please Note: NHS Kingston CCG was dissolved on 1 April 2020 and is no
longer a statutory organisation so we will be unable to process this
request for you.

 

The area is now covered by NHS South West London (SWL) CCG, a new
statutory organisation created as a result of the ‘merging’ of 6 CCGs
across South West London. We have already logged this request for you for
NHS South West London CCG.  

 

 

 

Yours sincerely,

 

Freedom of Information Team
NEL
[1][Kingston CCG request email] 

 

Lower Marsh, 3^rd Floor
Waterloo, London, SE1 7NT

  

[2]www.nelcsu.nhs.uk 

[3]@NELCSU 

[4]LinkedIn 

 

 

dangos adrannau a ddyfynnir

Dear Foi (NHS NEL CSU),

Most of the responses and docs referred to contain virtually no information on the MCA 2005 except the code of practice stand alone doc

The docs have been sent to me before and stil they do not demonstrate or illustrate any compliance with the MCA 2005

There is not MCA 2005 policy here as requested - its a safeguarding policy
Perhaps you can explain why the MCA 2005 is being confused with safeguarding - if the MCA 2005 was complied with you would require far less safeguardings

The MCA 2005 is barely mentioned in the response docs and clearly no contracted service would know from these how they are expected to comply with the MCA 2005 and no reader would understand or know how KCCG ensures compliance as there is no examples of such no actual MCA 2005 policy and no information to assure any service user that MCA 2005 was being complied with by the CCG or any of its services

The Job description has no roles and responsibilities of a MCA lead
The MCA lead is a title required by the DH and requires specific mca lead job description with roles and responsibilities - I see no reason why this job description has not been sent as requested

I have been advised to also ask who in your organisation deals with reported breaches of the MCA 2005? if its not the MCA lead? whose responsibility it is to ensure contracted services comply with the Act

Yours sincerely,

Sylvia Rushbrooke

Foi (NHS NEL CSU), NHS Kingston Clinical Commissioning Group

2 Atodiad

Dear Ms Rushbrooke,

Please find attached the response to FOI.20.SWL030 on behalf of South West London CCGs.

Kind Regards,

Freedom of Information Team
NEL
[Kingston CCG request email]

Lower Marsh, 3rd Floor
Waterloo, London, SE1 7NT

www.nelcsu.nhs.uk
@NELCSU
LinkedIn

dangos adrannau a ddyfynnir

Dear Foi (NHS NEL CSU),

As per the following NHS document
https://www.scie.org.uk/files/mca/direct...
Commissioner MCA and DoLS responsibilities checklist Version1.605/02/2016
CCGs are obliged to have a MCA lead by the DH?
Please tell me when this stopped ?
Your response speaks of the LAs why ?
MCA lead job description has not been sent only lead safety nurse with zero responsibilities of MCA leads who are obliged to implement the MCA 2005 in their org and ensure all contratec services comply
Where are service users to find CCG compliance policy of the MCA 2005 in each borough and their contracted services eg GPs and hospitals?

Yours sincerely,

Sylvia Rushbrooke