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.

The data reported in this briefing relates to all applications issued by the national deprivation of liberty court. It covers information included on the C66 application form – the form used to apply for an order under the high court inherent jurisdiction in relation to children. Data is extracted and recorded by court staff and analysed by Nuffield Family Justice Observatory. In July 2022 the President of the Family Division launched the national deprivation of liberty court. Based at the Royal Courts of Justice, it deals with all new applications seeking authorisation to deprive children of their liberty under the inherent jurisdiction and will run for a 12-month pilot phase initially. The Nuffield Family Justice Observatory was invited to collect and publish data on these applications. This monthly briefing highlights high-level data trends. n the first two months of the national deprivation of liberty court, there were 237 applications – 101 in July and 136 in August. The applications were made by 96 different local authorities and 5 hospital or mental health trusts.

This free course describes the principles and criteria underpinning the assessment of mental capacity and decision making in the UK. The course begins by looking at what mental capacity – and the lack of it – means. You will be introduced to various groups of people who are more likely to lack mental capacity, but you will also learn why it is relevant to everyone. You will look at what can be done to help someone to make a decision themselves and the principles and steps that enable people to judge, fairly, whether someone has capacity or not. You will be introduced to the legislation in the UK and will see how it supports and protects people who may lack capacity. [First Published: 15/12/2016; Updated: 20/01/2020].

Building on the work carried out in individual authorities, the Local Government Association (LGA) and the Association of Directors of Social Services (ADASS) have produced a range of resources that can assist local areas in their implementation of the Act, including the new Liberty Protection Safeguards (LPS) which will be replacing Deprivation of Liberty Safeguards (DoLS).

Explains what the Mental Capacity Act 2005 is and why it matters and is intended to help board members of care providers ensure vulnerable service users are not missing out on protections which are their legal right. The paper briefly discusses: capacity and consent; consent on someone else’s behalf; acting where people lack capacity to make their own decisions; best interests; restraint and restriction of liberty; deprivation of liberty; and ill-treatment and neglect. The paper includes a table setting out some questions board members of care providers might want to ask their officers and managers to get assurance that the MCA is being properly applied throughout their organisations.

Case law highlighting the tensions inherent in depriving someone of their liberty in reliance upon Schedule A1 where the primary reason is not to safeguard them against harm but the public against harm.

An overview of the changes that the Mental Capacity (Amendment) Act 2019 will introduce. When it comes into force the Act will sweep away the DoLS regime and replace it with the Liberty Protection Safeguards.

An update on the Mental Capacity (Amendment) Bill.

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.

Hope Davis-McCallion explains the Law Commission’s ’urgent’ safeguard suggestions. In March 2017, the Law Commission delivered its final recommendations on reforming the Deprivation of Liberty Safeguards system. This came after the Commission concluded that the current system was “in crisis” and needed to be replaced “as a matter of pressing urgency”. The name being suggested for the reformed system is “Liberty Protection Safeguards”.

This article outlines the five principles of MCA. It is aimed at professional social care staff and volunteers from partner agencies and services in Kent and Medway who handle cases involving Mental Capacity Act (MCA) and Deprivation of Liberty Safeguards (DOLS).

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.