Towards a 'Social Model' of Mental Capacity for Social Work

The statutory social work role in England and Wales regularly involves assessment and 'best interests' decision making under the Mental Capacity Act (MCA) 2005. Legal frameworks that permit substitute decision making have, however, been challenged as a contravention of the human rights of people with disabilities. This article aims to answer the question: 'Can mental capacity be theorised for social work assessment in England and Wales in a way that is compatible with social work ethics and values?' Findings are that mental capacity is a complex and disputed concept best described using a constructivist 'social model' which situates it as a property of an individual's relationships. Such a model suggests that assessments are a joint endeavour and that the quality of the relationship between assessor and assessed is crucial. The present legal framework disincentivises but does not prevent capacity assessment based on a social model. The existing literature suggests that further research might identify ways in which social work capacity assessment could enhance rather than diminish the autonomy of the people involved. These findings have implications for social work research, education and post qualification training. This article asks questions about how mental capacity is best theorised for social work assessment and finds that it is a complex and disputed concept best understood using a 'Social Model' which situates it as a property of an individual's relationships. Assessments are understood as a joint endeavour to which the quality of the relationship between assessor and assessed is of central importance. The present legal framework disincentivises but does not prevent capacity assessment based on a social model. Further research might identify ways in which assessment could further enhance the autonomy of the people involved. These findings have implications for social work research and education.