Alex Ruck Keene, a practising barrister, writer and educator specialising in mental capacity law has put together this website of resources about mental capacity law and policy in the UK. Links to blogs, articles, webinars recorded about key topics by Alex and links to other relevant resources.

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.

The book provides an overview of the Mental Capacity Act 2005 and the Court of Protection, before turning to a step-by-step guide through the processes of preparing and making an application, funding and representation issues, preparing for and appearing at hearings, evidence, costs, enforcement and appeals. Also, on this site, are links to relevant statutory materials, other guidance, useful (free) web resources, and updates on practice and procedure before the Court of Protection. The updates take the form of blog posts on the site and also (where relevant) updates are cross-referenced to the relevant paragraphs in the book.

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.

On the 13th March 2014, the House of Lords Select Committee on the Mental Capacity Act reported that the implementation of the Mental Capacity Act had not met expectations, suffered from a lack of awareness and the rights conferred by the Act have not been realised. This report provides the Government response to the 29 recommendations of the House of Lords, together with inputs received from a wide variety of stakeholders. It also sets out a a system-wide programme of work for the period of 2014 to 2015 and beyond. The work programme aims to improve oversight and monitoring by strengthen the implementation of the Mental Capacity Advisory Board and consider establishing a new independent chaired Mental Capacity Advisory Board; to raise awareness about the Act and improve its implementation; make changes to the Deprivation of Liberty Safeguards; and increasing the level of awareness and understanding of Lasting Powers of Attorney; and making changes to the Court of Protection.

This code of practice provides guidance to mental health professionals and other practitioners on how they should carry out their duties under the Mental Health Act. As well as providing guidance for professionals, the revised code of practice also guides patients, their families and carers on their rights. Chapters are grouped into seven areas: Using the Act; Protecting patient’s rights and autonomy; Assessment, transport and admission to hospital; Additional considerations for the needs of specific patients; Care, support and treatment in hospital; Leaving hospital; and additional information for professional with specific responsibilities under the Act. Subjects covered in individual chapters include: the nearest relative; independent mental health advocates; mental capacity and deprivation of liberty; detention in hospital; police community treatment orders; guardianship; after care; and care programme approach. The code of practice will come into force on 1 April 2015, depending on Parliamentary approval.

This website provides information and case examples on MCA practices with some focus on Court of Protection: health, welfare, Deprivation of Liberty and property and affairs.

These materials have been created to help support health and social care professionals working with individuals whose decision-making capacity is limited, fluctuating, absent or compromised. Demographic changes mean there are increasing numbers of people living with conditions which may impact on their decision-making capacity, and as such it is vital that professionals are confident in their understanding use of the Mental Capacity Act 2005. This tool brings together information from a range of professionals working in the field of mental capacity to provide a comprehensive guide to practice. It is part of a wider research project funded by the Burdett Trust for Nursing. Sections include: 1. Reflecting on values and bias in mental capacity decision-making; 2. The history and current context of mental capacity legislation and policy; 3. The concept of mental capacity; 4. Best interests; 5. Supported decision making; 6. Deprivation of liberty: human rights; 7. MCA in clinical decisions for care and treatment; 8. MCA and the Office of the Public Guardian (OPG) role.

CDC’s case law digest service provides essential updates on the latest judicial decisions affecting disabled children and young people and those with SEN.

This website provides information about all aspects of the Mental Capacity Act 2005 including the Deprivation of Liberty Safeguards. Note the website has not been updated since 2009 so should be used with caution.