Mental Capacity Act (MCA) Directory

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).

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

This article outlines the five principles of MCA. It is aimed at professional social care staff and volunteers from partner agencies and services in Kent and Medway who handle cases involving Mental Capacity Act (MCA) and Deprivation of Liberty Safeguards (DOLS).

Policies, forms and guides for the Mental Capacity Act (MCA). Signposts to specific Kent documents and national guidance to help handle Mental Capacity Act work.

The book provides an overview of the Mental Capacity Act 2005 and the Court of Protection, before turning to a step-by-step guide through the processes of preparing and making an application, funding and representation issues, preparing for and appearing at hearings, evidence, costs, enforcement and appeals. Also, on this site, are links to relevant statutory materials, other guidance, useful (free) web resources, and updates on practice and procedure before the Court of Protection. The updates take the form of blog posts on the site and also (where relevant) updates are cross-referenced to the relevant paragraphs in the book.

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.

This practice guide has been commissioned by the Department of Health to help frontline social and health professionals decide whether an individual they are concerned with may be deprived of their liberty due to the type of care or treatment that they are receiving or the level of restrictive practices that they are subject to. It focuses on the practical application of the legal principles. Part I provides details of the legal framework that governs deprivation of liberty and outlines the central principles of Article 5 European Court of Human Rights (ECHR). It then summarises the key elements of the...

The guidance outlines how the coronavirus (COVID-19) transmission risk can be minimised when support is provided so that people who need assistance can visit shops, socialise or exercise safely. Contents include: who can get support; what ‘getting support’ means; getting support while socially distancing; who should help you; what everyone should do when they provide support to you; getting support from someone in your household or support bubble or your normal carer; getting support from someone who is not in your household or support bubble, or is not your normal carer; getting support from volunteers or organisations; if you have...

On the 13th March 2014, the House of Lords Select Committee on the Mental Capacity Act reported that the implementation of the Mental Capacity Act had not met expectations, suffered from a lack of awareness and the rights conferred by the Act have not been realised. This report provides the Government response to the 29 recommendations of the House of Lords, together with inputs received from a wide variety of stakeholders. It also sets out a a system-wide programme of work for the period of 2014 to 2015 and beyond. The work programme aims to improve oversight and monitoring by...

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...

The Mental Capacity Act (MCA) was developed to co-ordinate, bring together and simplify the law about the care and treatment of people who lack capacity. This document provides information and guidance for adult social care workers on the key principles and provisions of the Mental Capacity Act 2005 and considers how social workers can apply its principles to their practice. Areas covered include Best interests, Advanced decisions, Five principles of the Act, Assessing capacity and decision making. It is designed to be used by social workers at all levels, from front line practitioners to senior social workers, social work supervisors...

UK Government's publications, guidance and forms relating to lasting power of attorney.