This special report provides full coverage of the Law Commission report on proposed amendments to the Mental Capacity Act. It includes a detailed summary of the report by Tim Spencer-Lane, lead lawyer at the Law Commission working on the project, and responses from a range of perspectives.
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.
This set of three presentations and case studies used in joint Housing LIN/CSHS training summarises provisions of the MCA as they relate to providers of supported housing and explore some of the issues.
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 booklet is one of a series of six on the Mental Capacity Act published by the Mental Capacity Implementation Programme (MCIP). MCIP is a joint government programme between the Department of Health, the Department for Constitutional Affairs, the Public Guardianship Office and the Welsh Assembly Government that has been established to implement the organisation, process and procedures to launch the Mental Capacity Act in 2007. This booklet provides information on the Independent Mental Capacity Advocate (IMCA) service established by the Mental Capacity Act. It is not a statutory Code of Practice issued under the Mental Capacity Act 2005 and is not a guide to how the law will apply to specific situations.
The Mental Capacity Act (MCA) was developed to co-ordinate, bring together and simplify the law about the care and treatment of people who lack capacity. This document provides information and guidance for adult social care workers on the key principles and provisions of the Mental Capacity Act 2005 and considers how social workers can apply its principles to their practice. Areas covered include Best interests, Advanced decisions, Five principles of the Act, Assessing capacity and decision making. It is designed to be used by social workers at all levels, from front line practitioners to senior social workers, social work supervisors and managers, to help social workers to develop their skills in supporting individuals who may lack mental capacity. The document includes short case examples and reflective exercises throughout.
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.
This guidance has been drawn up with the approval of the senior judge of the Court of Protection, and sets out the circumstances when it may be necessary to make an application, and puts in place streamlined procedures for receiving applications relating to more than one person, thereby simplifying some parts of the court procedure.
This form can be used by housing providers to assess whether a prospective tenant has the mental capacity to understand and sign a tenancy agreement. It is based on the test of capacity from the Mental Capacity Act.
This factsheet and accompanying information sheets are intended to offer information about the law in relation to those likely to lack capacity concerning arrangements for housing.
This is the fourth annual report of the National Mental Capacity Forum. Against the backdrop of the Covid-19 crisis, the report spans three main aspects of the Forum’s work: evaluation of the efficacy of the Forum over its first four years in changing awareness of the Mental Capacity Act (MCA) and its implementation; the legislative changes that resulted in the Mental Capacity (Amendment) Act 2019 to move from Deprivation of Liberty Safeguards (DoLS) to Liberty Protection Safeguards (LPS); and actions taken from the outset of the pandemic to meet the needs of those who are protected by the MCA and support those providing care and having responsibility for the wellbeing of people with impairments of mental capacity.
Annual report of the Chair of the National Mental Capacity Forum, examining the Forum’s work over the year, the Chair’s priorities for the coming year, and details of Forum members. The report covers: the five principles of the Mental Capacity Act 2005; progress against priority actions from previous year; education and training; independent, daily living; the Court of Protection; supported living standards and inspections; supported decision-making; fluctuating capacity; best interest decision-making; the interface between the Mental Health Act (MHA) and the MCA; and the Mental Capacity (Amendment) Act 2019. The document also sets out the National Mental Capacity Forum’s priorities for the coming year, including revising the Code of Practice for the MCA; reviewing the rights and ability of people to form a relationship and show affection, including sexual expression of affection, between consenting adults; promoting support for people to make their own decisions; and commissioning a specific report into the deterioration in culture that occurs in some care settings, particularly how it relates to ongoing training and other aspects of individual staff support provided in these settings.