This framework incorporates and links to a number of other competence standards, for example the National Safeguarding Competence Framework and the BIA capabilities. It is divided by staff group and is focused on what different groups need to demonstrate under each of the 5 principle areas. These statutory principles are: presumption of capacity; helping the person to make their own decision; the right to make unwise decisions; best interests; and less restriction. The MCA is relevant to any staff of any public service, whether directly delivered by statutory agencies (e.g. Local Authority, NHS, Police, Fire service, etc.) or via third sector care providers (e.g. private or charitable organisations providing health, social care or other public service support services).

Advocacy helps to ensure that individuals are in control of their own lives and are supported to make their own decisions. This good practice guide has been developed to help professionals and advocates to decide on the most appropriate route to take to challenge decisions about an individual’s care. It will help advocates to develop a ‘tool-kit’ of different approaches to get the best possible outcome for people depending on their views and the situation. The guide discusses when it is most appropriate to use informal approaches to challenge decisions; the skills required to be effective when taking this approach, including negotiating and influencing; and using Best Interests meetings. It also looks at using formal routes to challenge decisions through the Mental Capacity Act 2005, Mental Health Act 1983, the Care Act 2014, and through formal complaints processes and judicial review. The guide provides useful case examples and makes reference to relevant sections within Acts and Statutory Guidance to illustrate key points. The guide is relevant for professionals across the health and social care sectors, as well as for friends and family members who are supporting a friend or relative.

Although the Mental Capacity Act (MCA) has implications for other aspects of Prader-Willi syndrome (PWS), this article focuses on the possible relevance of the MCA in the management of the over-eating behaviour and risk of life-threatening obesity associated with the syndrome. Although people with PWS are capable of making decisions about many areas of their life, dysfunction in areas of the brain that control eating behaviour and energy balance means that they will rarely have the capacity independently to make decisions about eating. Even if they can make a decision at one point in time, this may not be the case at other times, particularly in the absence of supervision or environmental restrictions on access to food. The document covers the existing legal provisions and ethical considerations for people with PWS, including decision-making capacity and Deprivation of Liberty.

Examines the practical implications of the dual legislative regime governing involuntary treatment and how the Mental Capacity Act 2005 and the Mental Health Act 1983 interface. Whilst the MCA is concerned with individuals who lack capacity to make decisions for themselves, and legal protection for their carers/care workers, the MHA is concerned with minimising the undesirable effects of mental disorder by maximising patient safety and wellbeing and by protecting other people from harm.

This Act amends the Mental Capacity Act 2005 in relation to procedures with which a person may be deprived of liberty where the person lacks capacity to consent. It includes amendments of authorising of arrangements enabling care and treatment which give rise to a deprivation of liberty; and Section 42 of the Mental Capacity Act 2005 code of practice in relation to Deprivation of liberty. The legislation provides for the repeal of the Deprivation of Liberty Safeguards (DoLS) and their replacement with a new scheme called the Liberty Protection Safeguards (LPS).

This report on the Mental Capacity Act (MCA) and care planning provides guidance for both commissioners and provider of social care on how care and support plans can comply with the principles of the MCA.

The film looks at the five key principles of the Mental Capacity Act (MCA), and how these can be applied to the care planning process.

The aim of this guidance on the Mental Capacity Act 2005, which was commissioned by the Department of Health and Social Care Institute for Excellence, is to provide healthcare practitioners in the community with a greater understanding of the new law covering mental capacity. The subjects covered in the guidance are those which community practitioners are most likely to encounter as part of their working lives. The author stresses that the Code of Practice that accompanies the Act should always be available to practitioners as the principle source of reference. The guidance given incorporates checklists and case studies which can be used to enhance understanding of the Act and Code.

This At a glance summary presents an overview of the Mental Capacity Act (MCA) 2005, which is important to health and social care practice.

Video supporting the social care sector to prepare for and embed Liberty Protection Safeguards (LPS) within practice, aligning with human rights and duties of the Care Act.

This webinar explores the implications of Covid-19 and the lockdown for deprivation of liberty safeguarding and best interest decisions. It covers early issues raised with the Welsh Government; worries from those with learning difficulties; DoLS guidance; DoLS in practice; the law regarding best interests decision making; and critical care decision making and Covid-19.

This webinar provides guidance and practical tips in relation to MCA and DoLS during Covid-19; signposts to early resources and guidance for frontline workers and carers; and provides advice on how to support the team’s wellbeing.