Mental Capacity Act (MCA) Directory

This case concerns guardianship and DoLS. KD had Korsakov’s Syndrome and, following his detention under the Mental Health Act 1983, had been subject to guardianship since 2012. Before the First Tier Tribunal (Mental Health) (‘the FFT’), he sought to be discharged from the guardianship order on the basis that it was not necessary because an authorisation under Schedule A1 to the Mental Capacity Act 2005 (‘MCA 2005’) was less restrictive and guardianship could not authorise his deprivation of liberty. In this case, the guardianship order was not discharged. There was no firm proposal for where KD would live. The court...

Describes what an advance statement is, and contains an A5 form patients can use to write down their preferred treatments and strategies for care should they have a mental health crisis.

A step by step guide to help decide which legislation to use when making decisions about admission to a care home/remaining in a care home. The process outlined in the diagram applies only to patients who are 16 years or older – different arrangements are in place for under 16s.

This flowchart sets out the steps that need to be taken to ensure compliance with MCA, the MHA and the DoLS when admitting patients to hospital or preventing them from leaving hospital.

Guidance relating to advance decisions to refuse treatment (ADRTs) and the Mental Health Act 1983.

A social worker describes two cases in which people were assumed to lack capacity,and how that risks the person’s wishes being overridden.

This flowchart describes the steps managing authorities need to take on or prior to admission in relation to DoLS.

List of organisations approved to provide training for people carrying out the role of best interests assessors (BIAs).

This poster explains the five principles of the Mental Capacity Act 2005.

This introduction provides an overview of the issues health and social care professionals face when capacity and consent for treatment and care are significant and critical challenges. It covers the legal framework and principles of the Mental Capacity Act 2005; consent to care and treatment; decisions for those who lack mental capacity; best interest decisions; deprivation of liberty; and collaboration and co-operation between professionals.

This document is part of a series of brief guides to help all health and social care professionals navigate through and apply the principles of the Mental Capacity Act for decisions regarding treatment and care. The guide focuses specifically on the Act requirements for clinical decisions, covering: consent to treatment and care; factors affecting mental capacity to consent to treatment and care; who assesses capacity to consent to treatment and care; checklist for practitioners assessing mental capacity; clinical decisions where the individual lacks capacity to consent to treatment or care.

This document highlights the key points of the Mental Capacity Act. It briefly highlights the different rights under the act such as presumption of capacity, support to make decisions, best interest decisions, maximising freedoms, advance decisions and representation and support.