Mental Capacity Act (MCA) Directory

This paper, which is aimed at those working in hospital settings as well as local authorities, seeks to provide a summary of the law governing situations where an individual is potentially deprived of his or her liberty in hospital. The paper has been entirely updated from the earlier version (dating from June 2015), in particular to take into account the decision of the Court of Appeal in Ferreira (R (LF) v HM Senior Coroner for Inner South London & Ors [2017] EWCA Civ 31), which has significantly changed the approach to take to deprivation of liberty where physical healthcare needs...

A free tool to support people to draft an advance decision or advance statement online.

This framework incorporates and links to a number of other competence standards, for example the National Safeguarding Competence Framework and the BIA capabilities. It is divided by staff group and is focused on what different groups need to demonstrate under each of the 5 principle areas. These statutory principles are: presumption of capacity; helping the person to make their own decision; the right to make unwise decisions; best interests; and less restriction. The MCA is relevant to any staff of any public service, whether directly delivered by statutory agencies (e.g. Local Authority, NHS, Police, Fire service, etc.) or via third...

This leaflet clarifies how people can plan ways, with their families, to ensure their wishes are taken into account if through illness they cannot take decisions for themselves.

Outlines the key parts and processes of liberty protection safeguards.

This is a final stage impact assessment for the Mental Capacity (Amendment) Bill. Itevaluates options for reforming the Deprivation of Liberty Safeguards (DoLS) system.

An overview, signposting to relevant resources and guidance, on how an attorney or deputy can continue to fulfil their role during the Covid-19 pandemic and lockdown.

Sets out in detail the Government’s provisional view of each individual proposal, broadly agreeing with the Liberty Protection Safeguards model. As the Government has commissioned a review into the Mental Health Act, proposals that relate to the interface between the Mental Health Act and Mental Capacity Act will be considered as part of that review. The Government also wants to ensure that Liberty Protection Safeguards fit with the conditions and future direction of the health and social care sector, so it will continue to work through the detail of the recommendations and engage further with stakeholders particularly on implementation. The...

An overview of the Mental Capacity (Amendment) Bill, and the amendments made during the Bills Lords stages, ahead of its Second Reading in the Commons on 18 December 2018. The aim of the Bill is to reform the process for authorising arrangements which enable people who lack capacity to consent to be deprived of their liberty (for the purpose of providing them with care or treatment). This briefing summarises some of the main concerns raised by Peers about the Bill during its passage through the Lords. These include: the definition of deprivation of liberty; the role of care home managers...

Interim statement providing an update on issues that emerged from the Law Commission's consultation on the Deprivation of Liberty Safeguards (DoLS), which set out a replacement scheme called 'protective care'. The paper sets out the background to the review of DoLS. It then outlines the 'protective care' scheme described in the consultation paper, which consists of three aspects: the supportive care scheme, the restrictive care and treatment scheme, and the hospitals and palliative care scheme. It then summarises the main messages from the consultation, which received 583 written responses and involved the Law Commission attending 83 events across England and...

Interim statement providing an update on issues that emerged from the Law Commission's consultation on the Deprivation of Liberty Safeguards (DoLS), which set out a replacement scheme called 'protective care'. The paper sets out the background to the review of DoLS. It then outlines the 'protective care' scheme described in the consultation paper, which consists of three aspects: the supportive care scheme, the restrictive care and treatment scheme, and the hospitals and palliative care scheme. It then summarises the main messages from the consultation, which received 583 written responses and involved the Law Commission attending 83 events across England and...

This Guidance aims to demystify the Court of Protection generally and the role of litigation friend specifically so as to enable more people to consider taking up the role – thereby ensuring the better promotion and protection of the rights of those said to be lacking capacity to take their own decisions.