Independent advocacy is crucial to make sure a person’s voice is heard and their human rights are protected. This is especially important when a person is subject to compulsory and restrictive powers. Consistent and effective advocacy must be provided to people who most require it, whenever they require it, including to people with learning disabilities, autism or both, who are subject to long term segregation. Improvement to the delivery and commissioning of advocacy is required to achieve this. This briefing highlights the key features of advocacy for people with learning disabilities, autism or both who are in long term segregation, which must be accessible, highly competent, holistic, independent and perceived to be so, connecting, supporting and joined up. The paper also sets out two commissioning options: national commissioning – the model could be specified clearly, activated promptly, its delivery easily monitored, and there would be a clear line of sight on the resources; and local commission – this would allow locally commissioned services to align with most existing statutory provision. Irrespective of the commissioning arrangements, the service must be able to undertake the full range of statutory advocacy duties, rather than referring the person on and requiring that they relate to several advocates. The paper conclude with eight recommendations, including ensuring that advocacy for people in long term segregation is provided on an opt-out basis, to ensure a greater number of people in long term segregation receive the timely advocacy support and representation they need for their voice to be heard and their rights upheld.

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 page relates to decision making under the Mental Capacity Act (MCA). It provides information on the Code of Practice, health and care workers who give advice as part of their job, plus information about the Independent mental capacity advocate (IMCA) service and the benefits of the service.

This introductory guide is for people detained under section 35, 36, 37, 37/41, 38, 45A, 47, 47/49, 48 or 48/49 of the Mental Health Act. These are people who are suspected or have been convicted of a crime and the courts and doctors have decided that they need to stay in a mental health hospital to get support and care for their mental health condition. The guide explains what rights individuals have and what should happen to them at different stages through their journey in hospital. There are six parts to this guide. The first four parts (A-D) relate to the different stages of stay in hospital in time order, covering: the decision to detain; being detained in hospital; staying in hospital; and leaving hospital. Part E explains how to make a complaint at any stage of one’s stay in hospital; and Part F explains some of the key terms used in this document.

This introductory guide is for people detained under section 35, 36, 37, 37/41, 38, 45A, 47, 47/49, 48 or 48/49 of the Mental Health Act. These are people who are suspected or have been convicted of a crime and the courts and doctors have decided that they need to stay in a mental health hospital to get support and care for their mental health condition. The guide explains what their rights are and what should happen to them at different stages through their journey in hospital. Sections cover: which section of the Mental Health Act can I be detained under; how should the decision to detain me be made; your right to speak to an independent mental health advocate; what can you or your nearest relative do if you think that you shouldn’t be in hospital; and additional guidance for people who need to stay in hospital and how disabled people can get extra help.

This introductory guide is for people detained under sections 2 and 3 of the Mental Health Act, or people who are in hospital as a voluntary patient. A voluntary patient (also called an informal patient) is someone who is in hospital but is not detained under the Mental Health Act. Sections cover: why am I being detained; how should the decision to detain me be made; your right to speak to an independent mental health advocate; what can you or your nearest relative do if you think that you shouldn’t be in hospital; and additional guidance for those who need to stay in hospital and extra help for disabled people.

A Mental Capacity Act e-Learning course. This session covers the principles of the Mental Capacity Act and looks at how to assess capacity. It offers opportunities to reflect on aspects of the Mental Capacity Act and its practice.

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 guide is for people detained under section 2 and 3 of the Mental Health Act or if you are staying in hospital as a voluntary patient. A voluntary patient (also called an informal patient) is someone who is in hospital but is not detained under the Mental Health Act. They can leave hospital at any time. However, if health professionals are concerned about their safety or the safety of others, they can stop them from leaving for up to 72 hours. The guide explains what rights individuals have and what should happen to them at different stages through their journey in hospital. There are six parts to this guide. The first four parts (A-D) relate to the different stages of stay in hospital in time order, covering: the decision to detain; being detained in hospital; staying in hospital; and leaving hospital. Part E explains how to make a complaint at any stage of one’s stay in hospital; and Part F explains some of the key terms used in this document.

Advocacy helps to ensure that individuals are in control of their own lives and are supported to make their own decisions. This good practice guide has been developed to help professionals and advocates to decide on the most appropriate route to take to challenge decisions about an individual’s care. It will help advocates to develop a ‘tool-kit’ of different approaches to get the best possible outcome for people depending on their views and the situation. The guide discusses when it is most appropriate to use informal approaches to challenge decisions; the skills required to be effective when taking this approach, including negotiating and influencing; and using Best Interests meetings. It also looks at using formal routes to challenge decisions through the Mental Capacity Act 2005, Mental Health Act 1983, the Care Act 2014, and through formal complaints processes and judicial review. The guide provides useful case examples and makes reference to relevant sections within Acts and Statutory Guidance to illustrate key points. The guide is relevant for professionals across the health and social care sectors, as well as for friends and family members who are supporting a friend or relative.

Brief guidance on Court appointed deputies and independent mental capacity advocates.

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