This opinion piece by a lay former family-carer argues that the MCA is a somewhat ugly camel, not the beautiful horse many people think it is. The author contends the Act never specifies who can be a best-interests decision-maker; it allows a legally-authorised, but crucially not medically or legally trained, layperson to be appointed as a health and welfare attorney and control best-interests decision-making; and the Act establishes further Codes to be ‘regarded by’ various categories of people, but not by normal family carers, who must obey the Act, but are not required to ‘have regard to’ the Code.

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.

Specialist software solutions for health and social care professionals responsible for DoLS.

The HEE e-LfH Mental Capacity Act e-learning programme (MCA) is made up of 11 e-learning sessions, which cover the following titles: Mental Capacity Act as part of human rights; assessing mental capacity; making decisions; best interests; restraint; deprivation of liberty; relationship between the Mental Capacity Act and the Mental Health Act; Mental Capacity Act and young people aged 16 or 17; research involving people who lack capacity; Mental Capacity Act and adult safeguarding; settling disputes and disagreements. Each e-learning session will take approximately 20 to 30 minutes to complete and is made up of knowledge, case scenarios, short interviews and self-assessment questions to test your knowledge. The resource can be accessed on smart phones, tablets and laptop/desktop devices.

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.

This document sets out to inform and support psychologists to make informed, sound clinical judgements and decisions across a range of sometimes very different situations where a client’s capacity to make their own decisions is being questioned. The document is the culmination of a consensus which has developed since the implementation of the MCA 2005 in England and Wales, itself drawing on Scottish experiences, including clinical practice and experience, research studies and case law. The document’s structure follows the chronological flow of a considered approach to assessment. It starts with an overview of the current legal context, followed by necessary preparatory steps and aspects of completing a best practice assessment (including consideration of the use of psychometric inventories) before drawing together the threads of information collected and forming defensible, balanced, well evidenced opinions, conclusions and recommendations.

This page brings together documents and links related to a range of adult safeguarding areas that may assist service users and professional to understand this area. Topics covered include: the Mental Capacity Act; safeguarding vulnerable adult concerns; and reasonable adjustments.

A summary of the key themes included in the Law Commission’s consultation paper on deprivation of liberty.

Legal trainer Belinda Schwehr sets out what practitioners need to consider in relation to cases where a child may be deprived of liberty.

This document sets out to define the process that professionals should follow when making judgements about a person’s capacity to consent to medical treatment.

Guidance for care providers on how to apply the Mental Capacity Act during the Coronavirus (COVID-19) pandemic. The resource considers the issues that should be considered when thinking about care and treatment that might involve restrictions because of Coronavirus; the cases where DoLS authorisations have already been granted; and the impacts of the Coronavirus Act 2020.

A dementia-friendly financial services charter designed to enable the sector to work towards becoming dementia-friendly. In addition to the charter, the document sets out the expectations for a dementia-friendly financial services sector and provides guidance on the commitments in the charter.