Ethical and legal considerations in capacity assessment and the role of community nurses.

Alsararatee, Hasan H (2026) Ethical and legal considerations in capacity assessment and the role of community nurses. British journal of community nursing, 31 (5). pp. 240-245. ISSN 1462-4753

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Abstract

This article aims to explore the ethical and legal considerations involved in the assessment of mental capacity by community nurses in the UK. Grounded in the principles of the Mental Capacity Act 2005, the article explores the practical challenges community nurses face when applying legal frameworks in varied clinical contexts, including home visits, remote consultations and multidisciplinary care. Key themes addressed include the role of consent, safeguarding responsibilities, fluctuating capacity in chronic illness, family and professional disputes and supported decision making for individuals with learning disabilities. The article also highlights how legal instruments such as the Human Rights Act 1998, Equality Act 2010, Care Act 2014 and Health and Social Care Act 2012 underpin safe and lawful practice. It also explores the implications of emerging legislation, such as the Data Protection and Digital Information Bill and regulatory guidance, on remote assessments and digital ethics. The author looks at cultural and religious considerations with attention to preventing bias and promoting equity. The article draws on recent literature and case law, including Re C (Adult: Refusal of Treatment), to illustrate the complex association between professional judgement and patient autonomy, while upholding healthcare professionals' legal duties. By providing a structured and comprehensive review, this article aims to equip community nurses with the legal literacy and ethical insight necessary to navigate capacity assessments confidently.

Item Type:	Article
Additional Information:	** From PubMed via Jisc Publications Router
Keywords:	Mental Competency - legislation & jurisprudence, Humans, ethical practice, Informed Consent - legislation & jurisprudence - ethics, Decision Making, Nurse's Role, community nursing, United Kingdom, consent, safeguarding, Community Health Nursing - legisla
Divisions:	College of Health and Society > Psychology and Criminology College of Health and Society > Nursing and Midwifery
SWORD Depositor:	JISC Router
Depositing User:	JISC Router
Date Deposited:	21 May 2026 11:53
Last Modified:	26 May 2026 10:03
URI:	https://bnu.repository.guildhe.ac.uk/id/eprint/20993

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