This flowchart sets out the steps that need to be taken to ensure compliance with MCA, the MHA and the DoLS when admitting patients to hospital or preventing them from leaving hospital.

Guidance relating to advance decisions to refuse treatment (ADRTs) and the Mental Health Act 1983.

A social worker describes two cases in which people were assumed to lack capacity,
and how that risks the person’s wishes being overridden.

This flowchart describes the steps managing authorities need to take on or prior to admission in relation to DoLS.

List of organisations approved to provide training for people carrying out the role of best interests assessors (BIAs).

The focus of this report is on the MHA and its interface with the MCA, Deprivation of Liberty and the implications of the Supreme Court judgment (P v Cheshire West and Chester Council and P and Q v Surrey County Council [2014] UKSC 19). The latter has made it clearer and easier for providers and decision makers to identify where a person is being deprived of their liberty but has also led to a considerable increase in the numbers of people in England and Wales who are considered to be deprived of their liberty for the purposes of receiving care and treatment. The paper summarises the findings from a survey on the court judgment impacted on AMHP practice and service delivery. They show that there has been significant impact on AMHPs and service providers, but the situation appears to be more challenging for certain local authorities where a large proportion of their Best Interests Assessors for DoLS are drawn from the AMHP service. Landmark changes impacting AMHP practice and the local authorities on behalf of which the professionals act have been made as result of the Cheshire West judgement but there remain barriers and challenges in fully implementing these changes arising from the complex and bureaucratic DoLS framework. The Law Commission has been tasked to look for a framework that is simpler, while still protecting the rights of vulnerable people with mental health problems and those who lack capacity, with final report and draft legislation due to be published in summer 2017.

This diagram illustrates how police officers and staff apply the Mental Capacity Act 2005 when making health and social care decisions on behalf of people who lack capacity.

The Mental Capacity Act Deprivation of Liberty safeguards (formerly known as the Bournewood safeguards) were introduced into the Mental Capacity Act 2005 through the Mental Health Act 2007. The safeguards aim to give people who lack capacity protection when they are being cared for or treated in ways that may deprive them of their liberty. This easy read booklet outlines why the Deprivation of Liberty Safeguards are needed, when they will be used, what happens if an individual is deprived of their liberty and what will happens if a Deprivation of Liberty Safeguards is granted.

This document highlights the key points of the Mental Capacity Act. It briefly highlights the different rights under the act such as presumption of capacity, support to make decisions, best interest decisions, maximising freedoms, advance decisions and representation and support.

This handbook explains what is needed to deliver level 3 qualifications to learners who work as Independent Advocates in either an employed or voluntary capacity. These qualifications allow learners to learn, develop and practise the skills required for employment in an Independent Advocacy role.

Key information on advance decision to refuse treatment, including the role of doctors, how to ensure an advance decision is valid and the effect of it if you lose your capacity temporarily.

Describes what an advance statement is, and contains an A4 form patients can use to write down their preferred treatments and strategies for care should they have a mental health crisis.