This resource will support practitioners working in statutory social care or healthcare to understand the Act and practice confidently when supporting people to make decisions, assessing mental capacity and applying the Best Interests principle.
Explains what the Mental Capacity Act 2005 is and why it matters and is intended to help board members of care providers ensure vulnerable service users are not missing out on protections which are their legal right. The paper briefly discusses: capacity and consent; consent on someone else’s behalf; acting where people lack capacity to make their own decisions; best interests; restraint and restriction of liberty; deprivation of liberty; and ill-treatment and neglect. The paper includes a table setting out some questions board members of care providers might want to ask their officers and managers to get assurance that the MCA is being properly applied throughout their organisations.
Information covering the MCA, how its assessed, helping people to make their own decisions, best interests, Lasting Powers of Attorney, the Court of Protection, and professionals’ duties under MCA.
This guideline covers decision-making in people 16 years and over who may lack capacity now or in the future. It aims to help health and social care practitioners support people to make their own decisions where they have the capacity to do so. It also helps practitioners to keep people who lack capacity at the centre of the decision-making process. It includes recommendations on supporting decision-making, advance care planning, assessing mental capacity to make specific decisions at a particular time, and best interests decision-making. The guideline should be read in conjunction with the Mental Capacity Act 2005. It does not cover Deprivation of Liberty Safeguards processes.
This quality standard covers decision making in people aged 16 and over, who use health and social care services and may lack capacity to make their own decisions (now or in the future). It aims to support implementation of the aims and principles of the Mental Capacity Act 2005 and relevant Codes of Practice but it is not a substitute for these. The standard covers: supported decision making; advance care plans; assessment of capacity; and best interests decision making.
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).
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 Cheshire West decision. Part II details the most common settings in which a deprivation of liberty may occur: hospitals; psychiatric care; care homes; supported living services, such a shared lives schemes and extra care housing; Deprivation of liberty at home; and under 18s. For each setting the guidance identifies some of the factors that may point towards there being a deprivation of liberty; suggests scenarios which are very likely to/may/or not amount to a deprivation; and poses a number of questions that professionals can ask themselves when making decisions. The document includes links case law throughout. Part III provides summaries of key legal cases and further information and resources. The guidance is primarily relevant to the position in England and Wales. Quick reference guides covering each individual setting are also available.
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 symptoms. [Published 2 September 2020. Last updated 3 March 2022]
This collection of e-booklets and factsheets covers many of the symptoms and practical and legal issues associated with a brain injury. The legal issues section contains factsheets and guidance on disability discrimination law; insurance policies after brain injury; personal injury trusts; Adults with Incapacity (Scotland) Act; the Mental Capacity Act; the Mental Health Act in Scotland; claiming compensation after brain injury; and supporting decision making after brain injury.
The Mental Capacity Act 2005 sets out what should happen in England and Wales if someone is unable to make decisions for themselves. This information pack is designed to help the family carers of people with learning disabilities understand how the Mental Capacity Act applies to them when: they want to support a member of their family to make a decision; the family carer needs to make a decision or act on a relative’s behalf; and a worker or organisation makes a decision or acts on behalf of their relative. The written material in the pack gives detailed information about what should happen in these situations and recommends sources of further information and advice on specific topics. Sections include: the five principles of the Mental Capacity Act; code of practice of the mental capacity act; involving family; assessing capacity; best interests; transition to adulthood; moving home; getting authority to make decisions; managing finances; welfare benefits appointee; applying to be a deputy; lasting power of attorney; decisions about health care: challenging; safeguarding; deprivation of liberty safeguards; and words and phrases included in this information.
Brings together emergency guidance for health and social care staff in England and Wales who are caring for, or treating, a person who lacks the relevant mental capacity during the coronavirus outbreak. The guidance ensures that decision makers are clear about the steps they need to take during this period. It focuses on new scenarios and potential ‘deprivations of liberty’ created by the outbreak. During the outbreak, the principles of the Mental Capacity Act 2005 (MCA) and the safeguards provided by the deprivation of liberty safeguards (DoLS) still apply. The MCA provides protection for people who lack or may lack the relevant mental capacity to make decisions about different aspects of their life. The DoLS are an important part of this act and provide further safeguards for those who need to be deprived of their liberty in order to receive care or treatment in a care home or hospital, but do not have the capacity to consent to those arrangements. [Published 9 April 2020. Last updated 27 April 2021]
Emergency guidance for health and social care staff in England and Wales who are caring for adults who lack the relevant mental capacity to consent to their care and treatment during the coronavirus (COVID-19) Pandemic. This document provides additional guidance to supplement ‘The Mental Capacity Act (2005) (MCA) and deprivation of liberty safeguards (DoLS) during the coronavirus (COVID-19) pandemic’, which was published in April 2020. It includes guidance on: testing someone who lacks the relevant mental capacity; providing life-saving treatment to someone who lacks the capacity to consent; hospitals and care homes; and using emergency public health powers when someone who lacks relevant capacity needs to be isolated because they have symptoms and are not following public health advice. [First published 29 May 2020; last updated 12 January 2021]