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).

This leaflet clarifies how people can plan ways, with their families, to ensure their wishes are taken into account if through illness they cannot take decisions for themselves.

This document is part of a series of brief guides to help all health and social care professionals navigate through and apply the principles of the Mental Capacity Act for decisions regarding treatment and care. It sets out alternative decision-making approaches in the event that a person does not have mental capacity to give consent to a proposed treatment. It looks at the role of advance decisions to refuse treatment, lasting powers of attorney for health and welfare and discusses situations where the Court of Protection may need to be involved. The guide also covers advance care plans, independent mental capacity advocates, and best interest decisions.

This introduction provides an overview of the issues health and social care professionals face when capacity and consent for treatment and care are significant and critical challenges. It covers the legal framework and principles of the Mental Capacity Act 2005; consent to care and treatment; decisions for those who lack mental capacity; best interest decisions; deprivation of liberty; and collaboration and co-operation between professionals.

This document is part of a series of brief guides to help all health and social care professionals navigate through and apply the principles of the Mental Capacity Act for decisions regarding treatment and care. The guide focuses specifically on the Act requirements for clinical decisions, covering: consent to treatment and care; factors affecting mental capacity to consent to treatment and care; who assesses capacity to consent to treatment and care; checklist for practitioners assessing mental capacity; clinical decisions where the individual lacks capacity to consent to treatment or care.