Practice guidance developed to help embed the Mental Capacity Act (MCA) throughout the commissioning process in adult social care. The guidance provides good practice principles which will allow for MCA compliant commissioning, benchmarking and quality assurance with providers. The MCA is built on five guiding principles to ensure a person centred approach to decision making. These principles provide a framework for social care commissioners when commissioning services for people who may be unable to make some, or all decisions, about their care. This guide provides a general overview of the MCA and commissioning MCA compliant services. It then provides a list of areas to question for: each of the five guiding principles of the MCA; Lasting Power of Attorney; Advance decisions to refuse treatment; Independent Mental Capacity Advocate; and for audit and governance. A suggested template for commissioning activity with an MCA focus is also included.

An objective of the London NHS Commissioner MCA Board is to support commissioners to implement MCA assurance and compliance. This resource brings together a number of tools and documents to support MCA leads to gain MCA assurance. These tools have been compiled into a toolkit for NHS MCA leads in line with the MCA compliance framework, focusing on MCA policies and procedures to provide the correct framework for staff to follow; MCA training and support to translate MCA policies and procedures into practice; and quality assurance mechanisms that check MCA processes are carried out appropriately.

This framework has been developed within the Quality, Patient Safety and Governance directorate to support staff working within commissioning. The framework is designed to ensure that specific quality issues are included within procurement and contracting processes. The document is in two parts: Part 1 – Generic quality, patient safety and governance table and includes domains which must be considered within all procurement processes and which can support the development of service specifications; Part 2 – Detailed sections for safeguarding, Mental Capacity Act (2005) Deprivation of Liberty Safeguards and reasonable adjustment, for use within all procurement processes, contracts and contract monitoring.

This tool is drawn from the BMA MCA tool kit and the Mental Capacity Act 2005 Code of Practice . It aims to help practices consolidate and improve practice in complying with the Mental Capacity Act as well as providing evidence relevant for CQC Essential Standards.

This toolkit helps to understand if correct processes are correctly being undertaken in relation to the MCA (2005); to ensure the MCA is being completed and fully documented including the consent form, MCA/determination of best interests form; to provide a base line audit to ensure practice is embedded across services; and to provide robust procedural evidence for internal and external assurance. The tool may be adapted to align to local provider policies and procedural documents.

This is an audit form to test compliance with Mental Capacity Act 2005. It includes questions around current policies and procedures, its content, supporting information and any next steps.

This is an audit form to test compliance with Mental Capacity Act 2005, specifically in relation to staff training.

A template for the MCA/DoLS audit, covering knowledge of Mental Capacity Act and DoLS and knowledge of organisation’s policies and procedures.

This audit tool includes examples of the evidence needed to meet the CQC requirements in the four domains (safe, effective, caring, and well-led).