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mental capacity
Capacity to sing a catchy tune

A song that lingers long after you’ve heard it is being used to recorded without any evidence that
help people understand and remember the principles of the communication support has been
Mental Capacity Act, says Alix Lewer provided, even though failing to make
“reasonable adjustments” or take “all
practicable steps” is unlawful.
By learning the Battle Hymn, Include
choir members have been empowered to
learn about their rights under the MCA. At
rehearsals, the director uses Talking Mats
(Murphy et al, 2013), a communication
symbols tool, and a range of visual
supports to maximise understanding of
this complex legal topic.
It is not just choristers who reap the
benefits – more than 90% of
accompanying support staff also report
they understand the MCA better.
The Include Choir is now developing a
training pack and downloadable resources
so the song can be shared.
e all know that feeling when a groups, who are keen to reinforce the Nowhere is the adage “get it right for
fragment of song gets stuck in principles of the act among their staff. the most vulnerable person and you get it
Wyour head, sometimes for days The choir has been invited to perform right for everyone” more relevant than in
– an “earworm”. So, if you want someone the song at the National Mental Capacity mental capacity assessment. The use of
to remember your message, a musical Action Day event for three years running, inclusive communication tools is
earworm can be a useful ally. and never fails to elicit an encore (pictured). fundamental to the MCA and it is in
The Include Choir – a groundbreaking, “The Include Choir, in one witty song, everyone’s best interests that poor
inclusive communication choir – is using conveys the principles of the act better practice is stamped out and education
the humble earworm to help people than I have seen done in any professional about rights is a top priority.
understand and remember the principles training session,” says Alex Ruck Keene, With a song, signs – and sometimes a
of the 2005 Mental Capacity Act (MCA). barrister and author of Mental Capacity giant pair of sunglasses as a prop – the
Arguably, everybody should know and Law and Policy. Include Choir has found a new way to
care about the MCA – a law designed to educate, with people with learning
“promote and safeguard decision-making” Songs and signs disabilities front and centre. n
(Social Care Institute of Excellence, 2016). The Include Choir is doing more than ● See the Include Choir in action at www.
Any one of us might, one day, struggle singing about the MCA, however. By using youtube.com/c/theincludechoir/
to understand a choice or tell people what Makaton signs, objects of reference and ● The Include Choir plans to develop
we want as a result of brain injury or a other inclusive communication techniques more choirs elsewhere. To find out about
medical condition. This is a daily reality for when they sing, the choir is demonstrating the choir or inclusive communication,
many people with learning disabilities or the fundamental (but often overlooked) visit: www.include.org or email: info@
autism. Despite the importance of the principle of the act – the right to be include.org. To donate, go to https://
MCA, people are often unaware of it or of supported to make your own decisions. wonderful.org/charity/theincludeproject
their rights protected by law. Around 90% of people with learning
The Include Choir is raising awareness disabilities have communication difficulties Alix Lewer is director of Include.org and
about the MCA in an unusual way – through (Royal College of Speech and Language founder of the Include Choir
song. It is an inclusive choir for people with Therapy, 2013) and require support through
and without speaking or understanding inclusive communication (i.e. recognising References
disabilities. They perform locally (they are and using all forms of communication, not Murphy J, Cameron L, Boa S (2013) Talking
based in Redhill in Surrey) and further just spoken or written words). Mats: a Resource to Enhance Communication.
afield, with a broad repertoire including For those conducting mental capacity www.talkingmats.com/projects/publications/
songs written collectively by the choir. assessments, relatively simple things, such Royal College of Speech and Language Therapy
(2013) Five good communication standards.
The Battle Hymn of the MCA is one of as providing a quiet room and using pictorial London: RCST
the choir’s most popular songs. information, simple words or gestures can Royal College of Speech and Language Therapy
“Before we started singing about it, I significantly reduce stress and improve the (2016) Inclusive Communication and the Role
actually had no idea the Mental Capacity understanding of people with (and those of Speech and Language Therapy. A position
Act even existed,” says Michael, an without) learning disabilities (RCSLT, 2016). paper. London: RCST
Include Choir member who has an autistic The use of inclusive communication Social Care Institute of Excellence (2016)
spectrum disorder. tools and techniques is a fundamental Mental Capacity Act 2005 at a Glance. www.
The song is frequently requested by stipulation of the MCA. Sadly, the verdict scie.org.uk/mca/introduction/mental-capacity-
healthcare providers and advocacy that someone lacks capacity is often act-2005-at-a-glance

www.cl-initiatives.co.uk Community Living Vol 32 No 4 | Summer 2019 27