Can you become an employer if you are listed under the mental health act?

dmg24

lifesizedoll wrote: »

Part 1 Persons who lack capacity

That is not Part I of the MHA 1983. Are you referring to a guidance document, rather than the Act itself, or the MCA?

lifesizedoll

it was with direct payments, the council set it up and made the person in question an "employer". I don't want to talk too much about the person as I do not feel it is my place, I did just want to know if anyone had come across anything like this.

lifesizedoll

No MHA 2005

dmg24

lifesizedoll wrote: »

No MHA 2005

Do you mean the MCA 2005? There is no such thing as the MHA 2005.

MrsManda

I suspect the OP is referring to The Mental Capacity Act rather than the whole of the Mental Health Act.
Please correct me if I'm wrong.
This does 'list' learning difficulties as an example of when a decision may be taken to assess a person's capacity to make decisions.

But this doesn't by any means suggest that everyone with a learning difficulty should have a capacity assessment, nor does it mean that everyone who does have a capacity assessment will be classed as having limited capacity to make decisions.

To the OP:
I'm not sure what you want, are you trying to get out of a contract on the basis that you were incapable of making an informed decision?

lifesizedoll

Yes sorry I do

dmg24

lifesizedoll wrote: »

Yes sorry I do

Then perhaps you should not have been so rude to people who you claimed do not understand, when in fact they know far more than you?

Has the person in question been assessed as lacking capacity?

MrsManda

dmg24 wrote: »

Has the person in question been assessed as lacking capacity?

And it's not just whether the person has been assessed as lacking capacity, but what kinds of decisions the person has been assessed as lacking the capacity to make.

Assessments of capacity must be made where there may be an ‘impairment of or disturbance in a person’s mind or brain’ affecting their ability to make particular decisions.
Having an illness such as Alzheimer’s disease, mental health difficulties, or a learning disability does not necessarily mean that a person lacks capacity to make all decisions.

MCA 2005 Guidance to Providers

dmg24

MrsManda wrote: »

And it's not just whether the person has been assessed as lacking capacity, but what kinds of decisions the person has been assessed as lacking the capacity to make.

MCA 2005 Guidance to Providers

I know, my Masters is only this very subject, but I don't want to confuse the OP anymore than they already are! Looking at the previous posts I'm not sure that the disabled person was even the employer.

lifesizedoll

Yes they do lack capacity. Basically I was working for the person in question however problems occurred with the employment with other people that were involved. This is now going to a tribunal and now that it is the other parties involved are passing the blame to the person who was receiving the direct payments who as I have said has autisim and very severe learning difficulties. Just because they signed the contract, can they actually make them liable for the problems that were out of their control.