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.

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.

Policies, forms and guides for the Mental Capacity Act (MCA). Signposts to specific Kent documents and national guidance to help handle Mental Capacity Act work.

Annual report of the Chair of the National Mental Capacity Forum, examining the Forum’s work over the year, the Chair’s priorities for the coming year, and details of Forum members. The report covers: the five principles of the Mental Capacity Act 2005; progress against priority actions from previous year; education and training; independent, daily living; the Court of Protection; supported living standards and inspections; supported decision-making; fluctuating capacity; best interest decision-making; the interface between the Mental Health Act (MHA) and the MCA; and the Mental Capacity (Amendment) Act 2019. The document also sets out the National Mental Capacity Forum’s priorities for the coming year, including revising the Code of Practice for the MCA; reviewing the rights and ability of people to form a relationship and show affection, including sexual expression of affection, between consenting adults; promoting support for people to make their own decisions; and commissioning a specific report into the deterioration in culture that occurs in some care settings, particularly how it relates to ongoing training and other aspects of individual staff support provided in these settings.

This interactive tool will help health professionals decide what to do when in doubt about their patient’s capacity to make decisions about their care. The advice is based on the principles in BMA guidance ‘Consent: patients and doctors making decisions together’ and ‘Treatment and care towards the end of life: good practice in decision-making’.

This opinion piece by a lay former family-carer argues that the MCA is a somewhat ugly camel, not the beautiful horse many people think it is. The author contends the Act never specifies who can be a best-interests decision-maker; it allows a legally-authorised, but crucially not medically or legally trained, layperson to be appointed as a health and welfare attorney and control best-interests decision-making; and the Act establishes further Codes to be ‘regarded by’ various categories of people, but not by normal family carers, who must obey the Act, but are not required to ‘have regard to’ the Code.

A best interests decision making e-learning course. This session explores ‘best interests’, what it means for disabled people and how best interest decisions are made for disabled people who lack capacity.

An e-learning course on advance care planning. This session discusses Advance Care Planning and decision-making with disabled people of all ages, including using the framework and elements of the Mental Capacity Act.

A deprivation of liberty safeguards e-learning course. This session explores the Deprivation of Liberty Safeguards (DoLS) to help understand what they are, their aim and their purpose.

The HEE e-LfH Mental Capacity Act e-learning programme (MCA) is made up of 11 e-learning sessions, which cover the following titles: Mental Capacity Act as part of human rights; assessing mental capacity; making decisions; best interests; restraint; deprivation of liberty; relationship between the Mental Capacity Act and the Mental Health Act; Mental Capacity Act and young people aged 16 or 17; research involving people who lack capacity; Mental Capacity Act and adult safeguarding; settling disputes and disagreements. Each e-learning session will take approximately 20 to 30 minutes to complete and is made up of knowledge, case scenarios, short interviews and self-assessment questions to test your knowledge. The resource can be accessed on smart phones, tablets and laptop/desktop devices.