MCA resources on Independent Mental Capacity Advocacy

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Mental Capacity Act: making decisions. How to make decisions under the Mental Capacity Act 2005

Office of the Public Guardian

This page relates to decision making under the Mental Capacity Act (MCA). It provides information on the Code of Practice, health and care workers who give advice as part of their job, plus information about the Independent mental capacity advocate (IMCA) service and the benefits of the service.

Last updated on hub: 17 September 2020

Powerpoint presentation: Mental Capacity Act and DoLS

Barts Health NHS Trust

A brief presentation outlining the key aspects of the MCA, covering the principles of the Act, DoLS, best interests decisions, and independent mental capacity advocacy.

Last updated on hub: 16 September 2020

Practice guidance on the involvement of Independent Mental Capacity Advocates (IMCAs) in safeguarding adults

Social Care Institute for Excellence

SCIE Guide on practice guidance on the involvement of Independent Mental Capacity Advocates (IMCAs) in safeguarding adults

Last updated on hub: 14 June 2011

The Mental Capacity Act requirements when an individual lacks the mental capacity to consent to treatment and care

National Centre for Post-Qualifying Social Work and Professional Practice

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. It sets out alternative decision-making approaches in the event that a person does not have mental capacity to give consent to a proposed treatment. It looks at the role of advance decisions to refuse treatment, lasting powers of attorney for health and welfare and discusses situations where the Court of Protection may need to be involved. The guide also covers advance care plans, independent mental capacity advocates, and best interest decisions.

Last updated on hub: 15 June 2020

Your rights when detained under the Mental Health Act in England: civil sections

Equality and Human Rights Commission

This guide is for people detained under section 2 and 3 of the Mental Health Act or if you are staying 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. They can leave hospital at any time. However, if health professionals are concerned about their safety or the safety of others, they can stop them from leaving for up to 72 hours. 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 the different stages of stay in hospital in time order, covering: the decision to detain; being detained in hospital; staying in hospital; and leaving hospital. Part E explains how to make a complaint at any stage of one’s stay in hospital; and Part F explains some of the key terms used in this document.

Last updated on hub: 05 January 2021

Your rights when detained under the Mental Health Act in England: forensic sections

Equality and Human Rights Commission

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 the different stages of stay in hospital in time order, covering: the decision to detain; being detained in hospital; staying in hospital; and leaving hospital. Part E explains how to make a complaint at any stage of one’s stay in hospital; and Part F explains some of the key terms used in this document.

Last updated on hub: 05 January 2021

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