Mental Capacity Act (MCA) Directory

Information about the Liberty Protection Safeguards (LPS) system, which will be replacing the Deprivation of Liberty Safeguards (DoLS). The LPS will provide protection for people aged 16 and above who are or who need to be deprived of their liberty in order to enable their care or treatment and lack the mental capacity to consent to their arrangements. The guidance outlines the key changes introduced by the LPS: three assessments will form the basis of the authorisation of Liberty Protection Safeguards; greater involvement for families; targeted approach; extending the scheme to and 16 and 17-year-olds; extending the scheme to domestic...

This introductory guide is for people detained under sections 2 and 3 of the Mental Health Act, or people who are in hospital as a voluntary patient. A voluntary patient (also called an informal patient) is someone who is in hospital but is not detained under the Mental Health Act. Sections cover: why am I being detained; how should the decision to detain me be made; your right to speak to an independent mental health advocate; what can you or your nearest relative do if you think that you shouldn’t be in hospital; and additional guidance for those who need...

This introductory guide is for people detained under section 35, 36, 37, 37/41, 38, 45A, 47, 47/49, 48 or 48/49 of the Mental Health Act. These are people who are suspected or have been convicted of a crime and the courts and doctors have decided that they need to stay in a mental health hospital to get support and care for their mental health condition. The guide explains what rights individuals have and what should happen to them at different stages through their journey in hospital. There are six parts to this guide. The first four parts (A-D) relate to...

This introductory guide is for people detained under section 35, 36, 37, 37/41, 38, 45A, 47, 47/49, 48 or 48/49 of the Mental Health Act. These are people who are suspected or have been convicted of a crime and the courts and doctors have decided that they need to stay in a mental health hospital to get support and care for their mental health condition. The guide explains what their rights are and what should happen to them at different stages through their journey in hospital. Sections cover: which section of the Mental Health Act can I be detained under;...

This group is intended for Best Interest Assessors under the Deprivation of Liberty Safeguards, students working towards qualifying and other professionals with practice interests in the Mental Capacity Act. This site is intended as an aid to develop practice knowledge by allowing discussion, peer support and the sharing of ideas and references, it is not a substitute for professional supervision or considered legal advice.

This document is designed to assist practitioners to begin to address the needs of consumers of financial service in vulnerable circumstances. It consolidates tips and resources gained throughout the course of the FCA’s research. The pack is geared towards firm employees tasked with the development of a vulnerable customer policy/strategy.

This framework aims to assist professionals, and specifically staff working within Gateshead, to understand their responsibilities under the Mental Capacity Act and to access guidance to assist them in fulfilling them. The document is separated into four main parts: policy – this section outlines the policy structures which underpin MCA practice in Gateshead, including a detailed glossary of terms, the legal context, exploration of the role of the CQC and a discussion of how clear MCA leadership can be structured within individual agencies; considerations for particular agencies – this section examines the impact of the MCA on specific agencies within...

This guidance provides a framework to help doctors to make decisions with their patient about their treatment and care. By following it, it will help doctors make sure they have informed consent from their patients. And that they involve families and others when it’s appropriate. It has advice on: what to tell a patient when talking about risks; what to do if a patient doesn't want to hear information that may be relevant; when to obtain written consent; what needs to be recorded. The guidance will also help doctors when their patients lack capacity (Part 3). It includes a list...

This interactive tool will help health professionals decide what to do when in doubt about their patient’s capacity to make decisions about their care. The advice is based on the principles in BMA guidance ‘Consent: patients and doctors making decisions together’ and ‘Treatment and care towards the end of life: good practice in decision-making’.

This guidance provides an overview of deputyship. It covers: who can apply to be a deputy; responsibilities; apply to be a deputy; fees; after you've applied; when you're appointed; supervision, support and visits; accounts, gifts and expenses; complete your deputy report; change your deputyship or make a one-off decision; end your deputyship.

Annual report and fees forms and guidance for anyone appointed as a deputy.

This document provides guidance in relation to the commissioners’ duty to ensure provider services are delivered in accordance with the provisions of the Mental Capacity Act and that the rights of those who use services are promoted and protected.