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Mental Capacity Act
What will need to change in relation to dispute resolution?
• We don’t engage with alleged adult abusers until fairly far on in the process – after strategy meetings, and sometimes after case conferences – but the Act says that those closest to the carer have almost a right to be consulted. They may have some good reason, that we had no idea about, for believing that their conduct is in the best interests of the person in question.
• We abide by police requests to hold off putting an alleged perpetrator on notice, even if it means the client will continue to be at risk. This will have to change – we will need better reasons for our decision that it wasn’t ‘appropriate’ or ‘practical’ to speak to close family members.
