Mental Capacity Act code of practice for room change.

[mydiamondmum]

I now have an IMCA as I am the RPR for my LO.

My IMCA has informed me that it Is written in the Mental Capacity Act Code of Practice that it is necessary for a best interest meeting to be held to ensure that things are covered legally if the person lacks capacity to decide for themselves when changing accommodation even if it is a room change, but she cannot find the exact page where is written.

Does any know where this is written in the MCA code of practice as I like to get my facts straight when complaining about breach of regulations?

 

[nitram]

A ctrl-f search on https://assets.publishing.service.g...7253/Mental-capacity-act-code-of-practice.pdf
brings up

<bottom P178>

An IMCA must be instructed, and then consulted, for people lacking capacity who have no-one else to support them (other than paid staff), whenever:
– an NHS body is proposing to provide serious medical treatment, or
– an NHS body or local authority is proposing to arrange accommodation (or a change of accommodation) in hospital or a care home, and
_ the person will stay in hospital longer than 28 days, or
– they will stay in the care home for more than eight weeks.

<my red>

It does not say anything about a best interests meeting.

 

[mydiamondmum]

Thank you for your reply Nitram.

I would have thought that this would have been covered in some act though?

When the CH informed me that my LO was being moved to another floor and to select a room they didn’t tell me that she would no longer have access to nurses at the CH.

They had built a new wing for more beds as they were expanding.

I only found out some 10 months later when I noticed that my LO’s lymphoedemas were being neglected and was told by the carers that my LO could not see a nurse at the home as they were looking after her. (Accept they weren’t)

So after writing at least twice to the funding borough who couldn’t care less as the CH is cheap and that is all they care about. On the advice of the CQC I contacted the host LA to raise a safeguarding concern. They instructed the CH manager to arrange for TVN’S to go in straight away.

I arranged for a NHS CHC checklist and my LO has now been awarded FNC. 2 senior nurses from a hospital (not sure if I am allowed to name which one) informed me the skin condition needed to be monitored daily.

I feel that if you don’t complain about such things going wrong in the system, nothing will change and the most vulnerable will suffer.

So if anyone knows if this is covered in any other act, I would be interested to know.

 

[nitram]

In the home my wife was in there was a clear distinction between nursing and residential beds.
Most,but not all, were defined by the area they were in.

The nurses would only treat people in residential beds in an emergency, these people had to rely on the DN service requested by their GP.
The people in nursing beds were either FNC or CHC.
The home claimed that the receipt of the resulting funding subsidy for 24/7 provision of nursing cover meant the nurses were not allowed to treat those in residential beds.

This was 5 years ago, things may have changed, or it may have been an incorrect ruling by the home.

I did not query the rule as it did not affect me, my wife was on a nursing wing from day one.