In this episode of So What: Social Work, Abigail and Josh are joined by their very first special guest, Hannah, an experienced social worker with over eight years in practice.

Together, they lift the lid on the Mental Capacity Act 2005, exploring what mental capacity is, when formal assessments may be required, and how practitioners apply the legislation in day-to-day social work across England and Wales. They discuss the five statutory principles, the functional test of capacity, decision-specific assessments, and the importance of professional curiosity, evidence gathering and reflective practice. Hannah also shares practical insights, memorable “TM” (trademark!) one-liners and learning from practice.

The episode also explores Hannah’s journey into social work, the experiences that have strengthened her resilience, and the different routes into qualifying as a social worker in the UK.

Hannah shares one of her favourite memory aids for the functional test of capacity:

“Uncle Ron Wears a Cap”

•⁠ ⁠Uncle – Understand

•⁠ ⁠Ron – Retain

•⁠ ⁠Wears – Use and Weigh

•⁠ ⁠A Cap – Communicate

A simple way to remember the four elements of the functional test when assessing mental capacity.

Would you like Hannah to return for future episodes? We’d love to hear your thoughts. Leave a comment, send us a message or email us at sowhatsocialwork@gmail.com.

A huge thank you to Hannah for sharing her knowledge, passion and humour. You were brilliant!

Key terms discussed

•⁠ ⁠Non-statutory services

•⁠ ⁠Third sector

•⁠ ⁠Positive discrimination

•⁠ ⁠Mental capacity

•⁠ ⁠Advocacy

•⁠ ⁠Collateral information

•⁠ ⁠Causative nexus

References and further reading

•⁠ ⁠Social Care Wales – Mental Capacity Act & DoLS: https://socialcare.wales/resources-guidance/social-care-workers/mental-capacity-act-dols

•⁠ ⁠GOV.UK – Mental Capacity Act 2005 guidance: https://www.gov.uk/government/publications/health-and-social-care-workers-mental-capacity-act-decisions

•⁠ ⁠Social Care Wales – Working with advocacy: https://socialcare.wales/resources-guidance/social-care-workers/working-with-advocacy

•⁠ ⁠Welsh Government – Third Sector Scheme: https://www.gov.wales/third-sector-scheme

•⁠ ⁠39 Essex Chambers – Assessment & Recording of Capacity: https://www.39essex.com/our-thinking/newsletters/mental-capacity-guidance-note-assessment-and-recording-capacity/

•⁠ ⁠39 Essex Chambers – Relevant Information for Different Categories of Decision: https://www.39essex.com/our-thinking/newsletters/mental-capacity-guidance-note-relevant-information-different-categories/

Definitions

•⁠ ⁠Non-statutory services – Services provided voluntarily or outside statutory duties.

•⁠ ⁠Third sector – Charities, voluntary organisations, community groups and social enterprises.

•⁠ ⁠Positive discrimination – Usually unlawful in UK law; positive action may be lawful under the Equality Act 2010.

•⁠ ⁠Mental capacity – Ability to make a specific decision at the time it is required.

•⁠ ⁠Advocacy – Independent support to help people understand rights and express views.

•⁠ ⁠Collateral information – Relevant information gathered from records, professionals and family.

•⁠ ⁠Causative nexus – The link between impaired decision-making and an impairment or disturbance of the mind or brain under the Mental Capacity Act 2005.