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 set of three presentations and case studies used in joint Housing LIN/CSHS training summarises provisions of the MCA as they relate to providers of supported housing and explore some of the issues.

The book provides an overview of the Mental Capacity Act 2005 and the Court of Protection, before turning to a step-by-step guide through the processes of preparing and making an application, funding and representation issues, preparing for and appearing at hearings, evidence, costs, enforcement and appeals. Also, on this site, are links to relevant statutory materials, other guidance, useful (free) web resources, and updates on practice and procedure before the Court of Protection. The updates take the form of blog posts on the site and also (where relevant) updates are cross-referenced to the relevant paragraphs in the book.

The Mental Capacity Act (MCA) was developed to co-ordinate, bring together and simplify the law about the care and treatment of people who lack capacity. This document provides information and guidance for adult social care workers on the key principles and provisions of the Mental Capacity Act 2005 and considers how social workers can apply its principles to their practice. Areas covered include Best interests, Advanced decisions, Five principles of the Act, Assessing capacity and decision making. It is designed to be used by social workers at all levels, from front line practitioners to senior social workers, social work supervisors and managers, to help social workers to develop their skills in supporting individuals who may lack mental capacity. The document includes short case examples and reflective exercises throughout.

This guidance has been drawn up with the approval of the senior judge of the Court of Protection, and sets out the circumstances when it may be necessary to make an application, and puts in place streamlined procedures for receiving applications relating to more than one person, thereby simplifying some parts of the court procedure.

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.

Court of Protection forms including the applications to make decisions on someone’s behalf; to become someone’s deputy; to authorise a deprivation of liberty; and applications relating to powers of attorney.

This guidance provides an overview of deputyship. It covers: who can apply to be a deputy; responsibilities; apply to be a deputy; fees; after you’ve applied; when you’re appointed; supervision, support and visits; accounts, gifts and expenses; complete your deputy report; change your deputyship or make a one-off decision; end your deputyship.

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.

This resource provides information and advice about deputyship for a person with dementia. It covers the types of deputyship; duties of a deputy and limits to a deputy’s powers; how to apply to become a deputy for a person with dementia; who to inform when you become a deputy; supervision and support from the Office of the Public Guardian; deputies and dementia – frequently asked questions.