Mental Capacity Act (MCA) Directory

The MCA (Mental Capacity Act) Directory has been developed to provide a single space for the sharing of useful information and tools to aid the implementation of the Mental Capacity Act and Deprivation of Liberty Safeguards. Here you will find publications, videos, and academic research that professionals across Health and Social Care may find useful in their day-to-day practice.

Case study six: Mr J - tender process for new provider

A case study focusing on the tender process for new provider of Mr J’s supported living accommodation and the role played by the IMCA in ensuring the selection of the provider from the shortlist was done by the families of the residents with support from the Council’s commissioning unit. The case study has been drawn together by the Department of Health, the Care Quality Commission, and POhWER, a major provider of advocacy services, to show how IMCAs can act as a powerful support to people who may lack capacity.

Case study ten: Mrs Q – inadequate capacity assessment made when deciding on treatment for lymphoma

A case study focusing on a patient for whom an inadequate capacity assessment was carried out. Following IMCA intervention, it was discovered that lack of capacity had been assumed and the IMCA set about undertaking an accurate capacity assessment. The patient, however, passed away before this could be completed. The case study has been drawn together by the Department of Health, the Care Quality Commission, and POhWER, a major provider of advocacy services, and aims to show how IMCAs can act as a powerful support to people who may lack capacity.

Local Authority DoLs funding – additional 2015/16 grant – analysis of DoLS spend

Following the March 2014 Supreme Court judgment in the case of ‘Cheshire West’ clarified an ‘acid test’ used to determine whether someone should be assessed under the Deprivation of Liberty Safeguards (DoLS) scheme, the Department of Health provided a oneoff contribution of £25m in July 2015 to local authorities to support their DoLS work. This document reports on how local authorities spent/intend to spend their allocation.

Mental Capacity Act: level one awareness session

This training presentation introduces participants to the key messages of the Mental Capacity Act 2005 and explores the implications for different service areas. The document: lists the five guiding principles; explains what it means to lack capacity; explains who the decision maker is; describes the role of an IMCA and how to contact them; examines the offences of ill treatment and wilful neglect; provides a brief overview of the roles of the Court of Protection, Deputies and Lasting Power of Attorney.

Use of the Mental Capacity Act and safeguarding procedures in prison and young offender establishment healthcare teams in London: an audit of professional practice

Findings of an audit on the use of the MCA and Safeguarding Adults procedures across the nine prison and young offender institution healthcare teams in London. The audit reveals that: safeguarding is afforded a high priority by offender healthcare services; the organisational infrastructures for safeguarding (policies, procedures, training, etc) were rated higher than the infrastructures for the Mental Capacity Act (MCA); there are good working relationships between prison authorities and healthcare services around safeguarding, but the role of healthcare staff in safeguarding is limited by the prison context; mental capacity tends to be treated within offender healthcare services as an...

Case study eight: Mrs C – improvements to accommodation

A case study focusing on a care home resident needing improvements to their accommodation, explaining how after intervention by an IMCA the decision was made to go ahead with the repair work. The case study has been drawn together by the Department of Health, the Care Quality Commission, and POhWER, a major provider of advocacy services, and shows how IMCAs can act as a powerful support to people who may lack capacity.