Mental Capacity Act (MCA) Directory

This is the transparency order template, and includes explanations and guidance. The Court of Protection is testing a new way of having hearings. For the time being, hearings will be in public, but no-one will be allowed to name the people involved. If individuals want their hearing to be in private instead, they can ask the judge. They will need to explain in writing why their case should be treated differently to the other cases.

These official statistics provide findings from the Mental Capacity Act 2005, Deprivation of Liberty Safeguards (DoLS) data collection for the period 1 April 2019 to 31 March 2020. DoLS are a legal framework that exist to ensure that individuals who lack the mental capacity to consent to the arrangements for their care, where such care may amount to a "deprivation of liberty", have the arrangements independently assessed to ensure they are in the best interests of the individual concerned. The data is collected from local authorities in England, who are the supervisory bodies for authorising deprivations of liberty of adults...

These official statistics provide findings from the Mental Capacity Act 2005, Deprivation of Liberty Safeguards (DoLS) data collection for the period 1 April 2020 to 31 March 2021. DoLS are a legal framework that exist to ensure that individuals who lack the mental capacity to consent to the arrangements for their care, where such care may amount to a "deprivation of liberty", have the arrangements independently assessed to ensure they are in the best interests of the individual concerned. The data is collected from local authorities in England, who are the supervisory bodies for authorising deprivations of liberty of adults...

The Mental Capacity Act requires that where a person (P) lacks capacity to make a decision her wishes and feelings be taken into account when deciding what is in her best interests. This article considers how the Court of Protection evaluates evidence from P concerning her wishes and feelings. It finds that the Court ignores evidence regarding current wishes and fails to engage with more ambiguous evidence where P desires conflicting outcomes or may be concealing her true feelings. This is unhelpful since it makes the resulting judgment unconvincing to observers. It is legally problematic, since the Court should be...

There is little empirical research focusing on how social workers experience the law in their everyday professional practice, and still less on how mental health social workers experience assessment for compulsory admission under mental health law. The article is informed by a hermeneutic phenomenological approach, drawing on in-depth interviews and practitioner diaries with social work Approved Mental Health Professionals (AMHPs), providing exploration of how social work AMHPs experience compulsory assessment under mental health law in practice. This is revealed as a socio-relational process, involving a focus on the person in their environment in relation to others, such as family and...

This website provides information about all aspects of the Mental Capacity Act 2005 including the Deprivation of Liberty Safeguards. Note the website has not been updated since 2009 so should be used with caution.

This report explores the context in which the decision of whether to use the MHA or the MCA to authorise a deprivation of liberty is made and the different factors that practitioners use to assess and weigh up which Act is most appropriate and ‘least restrictive’ for the individual concerned. The research used a mixed-methods approach with an online survey to capture the diversity of factors that influence decision-making across clinical groups, and qualitative interviews with clinicians and professionals to explore in depth their understanding of the interface and experiences of making this decision in practice. A large proportion of...

This hub brings together guidance and resources relating to mental capacity, deprivation of liberty and best interests. It covers: the key steps to follow when assessing capacity or making a best interests decision; using the Guzzardi test to determine whether a situation amounts to a deprivation of liberty; what case law says about the capacity to consent to sexual relations and marriage. It also allows to test the knowledge of the law on mental capacity and deprivation of liberty (only available to organisations with a workforce licence).

Background: The use of advance care planning and advance decisions for psychiatric care is growing. However, there is limited guidance on clinical management when a patient presents with suicidal behaviour and an advance decision and no systematic reviews of the extant literature. Objectives: To synthesise existing literature on the management of advance decisions and suicidal behaviour. Design: A systematic search of seven bibliographic databases was conducted to identify studies relating to advance decisions and suicidal behaviour. Studies on terminal illness or end-of-life care were excluded to focus on the use of advance decisions in the context of suicidal behaviour. A...

Books Beyond Words use pictures to tell stories that engage and empower people, on themes such as love and relationships, health, death and dying, and crime. They are also a tool for professionals to use with people in many different teaching and counselling situations.

This web page shares a marketing toolkit designed for organisations to use and raise awareness among customers and employees to spot, stopand prevent a scam. It includes logos, brochure, banner, posters and social media.

This document contains the advance decision to refuse treatment form – the form sets out the situations in which individuals want to refuse medical treatment if they are unable to make or communicate that decision in the future; and guidance notes – this gives information to help people complete the form. The notes explain when an advance decision would be used and offers support to consider the wishes.