The data reported in this briefing relates to all applications issued by the national deprivation of liberty court. It covers information included on the C66 application form – the form used to apply for an order under the high court inherent jurisdiction in relation to children. Data is extracted and recorded by court staff and analysed by Nuffield Family Justice Observatory. In July 2022 the President of the Family Division launched the national deprivation of liberty court. Based at the Royal Courts of Justice, it deals with all new applications seeking authorisation to deprive children of their liberty under the inherent jurisdiction and will run for a 12-month pilot phase initially. The Nuffield Family Justice Observatory was invited to collect and publish data on these applications. This monthly briefing highlights high-level data trends. n the first two months of the national deprivation of liberty court, there were 237 applications – 101 in July and 136 in August. The applications were made by 96 different local authorities and 5 hospital or mental health trusts.

This free course describes the principles and criteria underpinning the assessment of mental capacity and decision making in the UK. The course begins by looking at what mental capacity – and the lack of it – means. You will be introduced to various groups of people who are more likely to lack mental capacity, but you will also learn why it is relevant to everyone. You will look at what can be done to help someone to make a decision themselves and the principles and steps that enable people to judge, fairly, whether someone has capacity or not. You will be introduced to the legislation in the UK and will see how it supports and protects people who may lack capacity. [First Published: 15/12/2016; Updated: 20/01/2020].

Signposts to key information on mental capacity and power of attorney, and to the relevant legislation, including: the Mental Capacity Act 2005 (England and Wales; the Mental Health (Northern Ireland) Order 1986; and the Adults with Incapacity (Scotland) Act 2000.

This resource will support practitioners working in statutory social care or healthcare to understand the Act and practice confidently when supporting people to make decisions, assessing mental capacity and applying the Best Interests principle.

Case law highlighting the tensions inherent in depriving someone of their liberty in reliance upon Schedule A1 where the primary reason is not to safeguard them against harm but the public against harm.

An overview of the changes that the Mental Capacity (Amendment) Act 2019 will introduce. When it comes into force the Act will sweep away the DoLS regime and replace it with the Liberty Protection Safeguards.

An update on the Mental Capacity (Amendment) Bill.

Information covering the MCA, how its assessed, helping people to make their own decisions, best interests, Lasting Powers of Attorney, the Court of Protection, and professionals’ duties under MCA.

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.

Building on the work carried out in individual authorities, the Local Government Association (LGA) and the Association of Directors of Social Services (ADASS) have produced a range of resources that can assist local areas in their implementation of the Act, including the new Liberty Protection Safeguards (LPS) which will be replacing Deprivation of Liberty Safeguards (DoLS).

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.