MCA 2005 implementation funding by the CCG

Sylvia Rushbrooke made this Freedom of Information request to NHS Wandsworth 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.

The request was partially successful.

Sylvia Rushbrooke

Dear NHS Wandsworth Clinical Commissioning Group,

In 2008 the DH published a circular relating to the MCA 2005
It stated;
As in 2008/09 it will be for local authorities to determine their expenditure in relation to the audits of progress on MCA implementation. Annex A lists those allocations.

That DH circulars relating to implementation of the MCA 2005 - stated the allocation to
2008/9 £136,000
2009/10 £170,000
20010/11 £162,000
Approx £450,000 pounds

The circular also states;
III) The Duty to carry out and to record Best Interests Decisions
9. The Act made Best Interests Decisions statutory. The Act and the Code outline how Best Interests Decisions should take place, and include for example that there is a duty to ‘do whatever is possible’ to permit and encourage people to take part in decision making. It includes the requirement to try and find out the views of the person who lacks capacity are, for example, finding out about their past wishes and feelings, their beliefs and their values. It is a requirement that officers do not make assumptions about someone’s best interests simply on the basis of someone’s condition or behaviour. The Code spells out that not only should the Best Interests Decision be recorded, but the process of working out what is in someone’s best interests should also be recorded,how the decision was reached and the factors considered in reaching that decision.
10. This is a requirement of the Act and must become the normal practice for decision making with all people who cannot make decisions for themselves.

It is now 2017 -10 years after the Act was ratified and yet implementation/compliance is ignored so it seems regarding best interest and many other aspects abusing sevice users rights
My Questions
How much has the CCG allocated for the implementation of the MCA 2005 within the CCG and to ensure compliance by its contracted services in 2013 2014 2015 2016 and 2017

and how is the total amount allocated relating to the MCA 2005 split each of those years?

What is the duty, role and responsibility of the MCA lead for the WCCG?

What policy is in place to ensure total implementation by the CCG and its contracted services?

How is non complaince of the MCA 2005 by the CCG and its contracted services dealt with and by which department?

Yours faithfully,

Sylvia Rushbrooke


Dear Ms Rushbrooke,


I am writing to formally acknowledge your request for information
regarding ‘funds allocated to implementation of MCA 2005’ which will be
processed under the Freedom of Information Act 2000. I can confirm your
request was received on 11 August 2017 by NEL Commissioning Support Unit
(NEL CSU) on behalf of NHS Wandsworth Clinical Commissioning Group (CCG).
The reference for your request is FOI.17.WAN095.


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


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FOI Team
NEL Commissioning Support Unit


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Please note that as of 1 April 2017, NHS South East Commissioning Support
Unit (South East CSU) and NHS North East London Commissioning Support Unit
(NEL CSU) have merged to become NHS NEL Commissioning Support Unit (NEL
CSU). Please update your records to reflect our new email address for
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1 Attachment

Dear Sylvia

Please see the attached FOI response.

Yours sincerely

Freedom of Information Team
NEL Commissioning Support Unit
[NHS Wandsworth CCG request email]

3rd Floor
1 Lower Marsh
London SE1 7NT

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