This note has been produced to offer guidance to Councils about when the intervention of the Court of Protection may be needed in relation to welfare decisions where a person lacks mental capacity for the decision. Any decision in relation to an application to Court must be informed by the Mental Capacity Act (MCA), the MCA Code of Practice and case law. This is a short summary and overview and not legal advice, which should always be sought in individual situations.

This paper, which is aimed at those working in hospital settings as well as local authorities, seeks to provide a summary of the law governing situations where an individual is potentially deprived of his or her liberty in hospital. The paper has been entirely updated from the earlier version (dating from June 2015), in particular to take into account the decision of the Court of Appeal in Ferreira (R (LF) v HM Senior Coroner for Inner South London & Ors [2017] EWCA Civ 31), which has significantly changed the approach to take to deprivation of liberty where physical healthcare needs are being met in the hospital setting.

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).

The guide provides practical assistance to anyone who supports an individual to make decisions about their finances. It covers the legislation that governs financial decision-making and makes practical suggestions about how to: empower and support an individual with making decisions about their finances; assess an individual’s capacity in relation to financial decision-making in a way which is decision-specific; apply the Mental Capacity Act to an individual’s situation; and enable decision making by individuals wherever possible.

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).

A discussion and Q&A webinar on the introduction of the Liberty Protection Safeguards (LPS).

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.

UA110 record of mental capacity assessment form.

This protocol has been produced to offer guidance to staff about good practice in case management prior to accessing the Court of Protection in relation to welfare disputes and the procedure to follow when an application may be needed.

Mental capacity assessment form.

A resource to help health and social care staff apply learning from MCA courses to their practice. The document lists the five guiding principles; outlines some of the things care workers do every day showing they are applying the MCA; and contains a reflective log template to help staff identify when they have applied one of the 5 principles in their work.

A checklist of the five MCA principles,