Mental Capacity Act (MCA) Directory

Explains what the Mental Capacity Act 2005 is and why it matters and is intended to help board members of care providers ensure vulnerable service users are not missing out on protections which are their legal right. The paper briefly discusses: capacity and consent; consent on someone else's behalf; acting where people lack capacity to make their own decisions; best interests; restraint and restriction of liberty; deprivation of liberty; and ill-treatment and neglect. The paper includes a table setting out some questions board members of care providers might want to ask their officers and managers to get assurance that the...

Alex Ruck Keene, a practising barrister, writer and educator specialising in mental capacity law has put together this website of resources about mental capacity law and policy in the UK. Links to blogs, articles, webinars recorded about key topics by Alex and links to other relevant resources.

Report and video walkthrough, from Alex Ruck Keene on recent mental capacity cases, as detailed in the 39 Essex Street May 2023 newsletter

Case law highlighting the tensions inherent in depriving someone of their liberty in reliance upon Schedule A1 where the primary reason is not to safeguard them against harm but the public against harm.

An overview of the changes that the Mental Capacity (Amendment) Act 2019 will introduce. When it comes into force the Act will sweep away the DoLS regime and replace it with the Liberty Protection Safeguards.

An update on the Mental Capacity (Amendment) Bill.

Information covering the MCA, how its assessed, helping people to make their own decisions, best interests, Lasting Powers of Attorney, the Court of Protection, and professionals' duties under MCA.

This guideline covers decision-making in people 16 years and over who may lack capacity now or in the future. It aims to help health and social care practitioners support people to make their own decisions where they have the capacity to do so. It also helps practitioners to keep people who lack capacity at the centre of the decision-making process. It includes recommendations on supporting decision-making, advance care planning, assessing mental capacity to make specific decisions at a particular time, and best interests decision-making. The guideline should be read in conjunction with the Mental Capacity Act 2005. It does not...

This quality standard covers decision making in people aged 16 and over, who use health and social care services and may lack capacity to make their own decisions (now or in the future). It aims to support implementation of the aims and principles of the Mental Capacity Act 2005 and relevant Codes of Practice but it is not a substitute for these. The standard covers: supported decision making; advance care plans; assessment of capacity; and best interests decision making.

The new Practice Directions, and amendments to the Practice Directions, supplementing the Court of Protection Rules 2007 are made by the President of the Court of Protection. The amendments and new Practice Directions come into force subject to the transitional provision contained in this document.

Mental capacity assessment for complex decisions form. Includes guidance on when to use this form and when to use the mental capacity assessment for day to day decisions (less complex decisions).

This special report provides full coverage of the Law Commission report on proposed amendments to the Mental Capacity Act. It includes a detailed summary of the report by Tim Spencer-Lane, lead lawyer at the Law Commission working on the project, and responses from a range of perspectives.