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 document provides guidance in relation to the commissioners’ duty to ensure provider services are delivered in accordance with the provisions of the Mental Capacity Act and that the rights of those who use services are promoted and protected.

This learning resource promotes best practice in the use of the Mental Capacity Act 2005 and where appropriate the Deprivation of Liberty Safeguards (2009), particularly in the context of situations involving health related decisions. The resource provides a series of short film scenarios that challenge the viewer to consider the ethical issues in any given situation, and to encourage debate about potential decision making outcomes. It is the intention that these scenarios illustrate everyday situations, and whilst they may not demonstrate perfect practice, the aim is that they promote discussion and debate.

The purpose of this document is to set out the safeguarding roles, duties and responsibilities of all organisations commissioning NHS health and social care. The framework’s aims include: identifying and clarify how relationships between health and other systems work at both strategic and operational levels to safeguard children, young people and adults at risk of abuse or neglect; setting out the legal framework; promoting empowerment and autonomy for adults, including those who lack capacity for a particular decision as embodied in the Mental Capacity Act 2005 (MCA), implementing an approach which appropriately balances this with safeguarding.