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.

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.

SCIE guide to support the commissioning of the Independent Mental Capacity Advocate (IMCA) service

This framework has been developed within the Quality, Patient Safety and Governance directorate to support staff working within commissioning. The framework is designed to ensure that specific quality issues are included within procurement and contracting processes. The document is in two parts: Part 1 – Generic quality, patient safety and governance table and includes domains which must be considered within all procurement processes and which can support the development of service specifications; Part 2 – Detailed sections for safeguarding, Mental Capacity Act (2005) Deprivation of Liberty Safeguards and reasonable adjustment, for use within all procurement processes, contracts and contract monitoring.

The purpose of this document is to outline commissioner Mental Capacity Act (MCA) and Deprivation of Liberty Safeguards (DoLS) assurance responsibilities for the services they commission.