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).

Explains what the Mental Capacity Act 2005 is and why it matters and is intended to help board members of care providers ensure vulnerable service users are not missing out on protections which are their legal right. The paper briefly discusses: capacity and consent; consent on someone else’s behalf; acting where people lack capacity to make their own decisions; best interests; restraint and restriction of liberty; deprivation of liberty; and ill-treatment and neglect. The paper includes a table setting out some questions board members of care providers might want to ask their officers and managers to get assurance that the MCA is being properly applied throughout their organisations.

Practice guidance developed to help embed the Mental Capacity Act (MCA) throughout the commissioning process in adult social care. The guidance provides good practice principles which will allow for MCA compliant commissioning, benchmarking and quality assurance with providers. The MCA is built on five guiding principles to ensure a person centred approach to decision making. These principles provide a framework for social care commissioners when commissioning services for people who may be unable to make some, or all decisions, about their care. This guide provides a general overview of the MCA and commissioning MCA compliant services. It then provides a list of areas to question for: each of the five guiding principles of the MCA; Lasting Power of Attorney; Advance decisions to refuse treatment; Independent Mental Capacity Advocate; and for audit and governance. A suggested template for commissioning activity with an MCA focus is also included.

This is a summary of the rights people are entitled to when the council has decided they need to stay in a care home or hospital which they have named.