Record of informed consent for voluntary admission/stay in mental health units.

In addition to signposting to MCA and DoLS guidance, this document sets out key steps to ensure the legal and regulatory requirements in relation to consent and capacity are met.

This case study examines what worked well and what did not work well in a best interests decision about a patient with severe physical and learning disabilities needing surgery.

This document (mouse mat) explains the five principles of the Mental Capacity Act 2005.

This guidance is intended to provide support in carrying out and recording formal capacity assessments and is not intended as a substitute for the Code of Practice. The documents covers: recording mental capacity assessment activity; principles of the mental capacity act 2005; when to assess capacity and who should carry out the assessment; assessments as part of needs or risk assessments and day to day decisions; capacity to agree to social care decisions; identifying the decision maker; advance statements and preferred place of care statements; capacity assessments; best interests decisions; independent mental capacity advocates; unwise decisions, duty of care, the role of the Court of Protection and inherent jurisdiction; and the role of the Court of Protection.

Sets out key key principles and considerations for making Best Interests decisions.

A case study focusing on a patient with an acquired brain injury, needing a best interests decision made as to whether she should have a PEG feed inserted. The case shows how the correct application of the principles of the MCA ensured the least restrictive option was explored and the patient was able to make improvements in eating and drinking so the PEG was no longer needed. The case study has been drawn together by the Department of Health, the Care Quality Commission, and POhWER, a major provider of advocacy services, to show how IMCAs can act as a powerful support to people who may lack capacity.

A case study focusing on patient due to be discharged from hospital while there was disagreement amongst family members about where she should go. It shows how an IMCA intervention ensured that a decision could be made for the patient to be discharged to a 24-hour residential care placement, which was the only place where her complex needs could be met. The case study has been drawn together by the Department of Health, the Care Quality Commission, and POhWER, a major provider of advocacy services, and shows how IMCAs can act as a powerful support to people who may lack capacity.

A case study focusing on a patient not being consulted in the decision about being discharged from hospital into a care home. However, after meeting with an IMCA it was decided that he did in fact have the capacity to decide where he wanted to live and was returned home with an appropriate care package. The case study has been drawn together by the Department of Health, the Care Quality Commission, and POhWER, a major provider of advocacy services, and shows how IMCAs can act as a powerful support to people who may lack capacity.

A case study focusing on a patient wanting more independence upon moving from a mental health rehabilitation unit. It describes how the patient, supported by an IMCA, was able to move into supported living accommodation where he can be more independent. The case study has been drawn together by the Department of Health, the Care Quality Commission, and POhWER, a major provider of advocacy services, showing how IMCAs can act as a powerful support to people who may lack capacity.

A case study focusing on dementia non-MCA compliant hospital discharge, without an appropriate advocate involved in the decision-making process. It explains how the IMCA involved raised concerns about how the hospital discharge process fits into the MCA and how important the role of an IMCA is in ensuring decisions are made in the best interests of the relevant individuals. The case study has been drawn together by the Department of Health, the Care Quality Commission, and POhWER, a major provider of advocacy services, showing how IMCAs can act as a powerful support to people who may lack capacity.

A guide for health and social care staff on how, and in which situations, a person can be referred to the Independent Mental Capacity Advocacy service.