Mental Capacity Act (MCA) Directory

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.

This factsheet provides essential information on advance decision, lasting power of attorney for health and welfare, and capacity.

The Mental Capacity Act 2005 Deprivation of Liberty Safeguards (MCA DOLS) exists to protect people who cannot make decisions about their care and where personal freedoms need to be restricted in the patients best interests. The following guidance is for hospitals and care home managers to support them understand and fulfil their statutory obligations under the Mental Capacity Act Deprivation of Liberty Safeguards legislation.

This booklet is one of a series of six on the Mental Capacity Act published by the Mental Capacity Implementation Programme (MCIP). MCIP is a joint government programme between the Department of Health, the Department for Constitutional Affairs, the Public Guardianship Office and the Welsh Assembly Government that has been established to implement the organisation, process and procedures to launch the Mental Capacity Act in 2007. This booklet provides information on the Independent Mental Capacity Advocate (IMCA) service established by the Mental Capacity Act. It is not a statutory Code of Practice issued under the Mental Capacity Act 2005 and...

This report looks at some of the common issues and complaints investigated by the Local Government and Social Care Ombudsman concerning people who lack mental capacity and the Deprivation of Liberty Safeguards (DoLS) system. The report includes individual case studies to show the impact on people when things go wrong. It estimates that 20 per cent of the 1,212 adult social care complaints investigated by the Ombudsman in the year 2016/17 concerned mental capacity or DoLS. Common issues included: not completing, or delays in carrying out, mental capacity assessments; poor ‘best interests’ decision making; disagreements with the process and failure...

An easy read version of the Law Commission Mental Capacity and Deprivation of Liberty: interim statement.

Project status, summary of findings and links to output relating to a review of the Mental Capacity Act and the DoLS. The Law Commission consultation paper was published on 7 July 2015. It contained provisional proposals for the reform of the law and was one of the most extensive public consultation exercises undertaken by the Law Commission. In May 2016 the Commission published an interim statement, summarising the key messages from consultation and setting out some of our initial conclusions. A report setting out recommendations was published on 13 March 2017, together with a draft Bill.

This Act amends the Mental Capacity Act 2005 in relation to procedures with which a person may be deprived of liberty where the person lacks capacity to consent. It includes amendments of authorising of arrangements enabling care and treatment which give rise to a deprivation of liberty; and Section 42 of the Mental Capacity Act 2005 code of practice in relation to Deprivation of liberty. The legislation provides for the repeal of the Deprivation of Liberty Safeguards (DoLS) and their replacement with a new scheme called the Liberty Protection Safeguards (LPS).

The website is run by a practising solicitor, Jonathan Wilson. It includes links to the full text of the relevant primary and secondary legislation, as well as a searchable and comprehensive database of cases from all levels of tribunals and courts in which the Mental Health Act 1983 and/or the Mental Capacity Act 2005 have been considered.

The Committee’s key finding in this evidence-led inquiry is that the Mental Capacity Act 2005 is not widely implemented. To address this, the Committee recommends that responsibility for implementing the Act be given to an independent body. The Committee’s second key finding is that the Deprivation of Liberty Safeguards are not fit for purpose. The Committee recommends that they be replaced with new provisions. This report considers: whether the Act is working as intended in respect of the Act’s five core principles; how to address poor implementation of the Act; advocacy and advance planning; whether the Court of Protection is...

This paper presents a review, in two parts, of the first ten years of the Court of Protection, a specialist mental capacity court in England and Wales which applies a functional model of mental capacity. The first part outlines the history of the functional model in England and Wales, and the development of this specialist mental capacity court (Court of Protection), created by the Mental Capacity Act 2005. The second part presents an empirical and case-based study of 40 published cases of capacity disputes presented to the Court of Protection, or to the Court of Appeal on appeal from the...