This code of practice provides guidance to mental health professionals and other practitioners on how they should carry out their duties under the Mental Health Act. As well as providing guidance for professionals, the revised code of practice also guides patients, their families and carers on their rights. Chapters are grouped into seven areas: Using the Act; Protecting patient’s rights and autonomy; Assessment, transport and admission to hospital; Additional considerations for the needs of specific patients; Care, support and treatment in hospital; Leaving hospital; and additional information for professional with specific responsibilities under the Act. Subjects covered in individual chapters include: the nearest relative; independent mental health advocates; mental capacity and deprivation of liberty; detention in hospital; police community treatment orders; guardianship; after care; and care programme approach. The code of practice will come into force on 1 April 2015, depending on Parliamentary approval.

An overview of the Mental Capacity (Amendment) Bill, and the amendments made during the Bills Lords stages, ahead of its Second Reading in the Commons on 18 December 2018. The aim of the Bill is to reform the process for authorising arrangements which enable people who lack capacity to consent to be deprived of their liberty (for the purpose of providing them with care or treatment). This briefing summarises some of the main concerns raised by Peers about the Bill during its passage through the Lords. These include: the definition of deprivation of liberty; the role of care home managers in carrying out assessments, with particular concerns raised about potential conflict of interests in care homes and independent hospitals; the appointment and role of Independent Mental Capacity Advocates (IMCAs); and provisions relating to reviews by Approved Mental Capacity Professionals (AMCPs) and referral to the Court of Protection.

Safeguarding Adult Reviews (SARs) can be a valuable source of learning to improve mental health care. In light of the government’s commitment to reform the Mental Health Act 1983, this report summarises the qualitative learning from 77 SARs published across 24 London boroughs covering the period January 2017 to November 2020. The premise of this report is that the reform of the Mental Health Act will also prompt a ‘wake up’ of the entire mental health system in London and the rest of England in which parity of social care with health care becomes the ‘new normal’. The SARs analysed for this report tell the stories of Londoners who experienced mental health problems and came to harm or died as a consequence of their condition despite having been in contact with mental health care services and others. From the rapid analysis of the SARs case clusters emerged, with similarities in the individuals’ stories and outcomes. These clusters show that there might be groups of people who require particular attention when it comes to reforming the Mental Health Act – and with it the mental health social care ‘offer’. The stories of these individuals also raise some concerns around human rights, equality and inclusion with the question: Is enough being done to protect the rights of vulnerable people with mental health problems who receive mental health social care and who may rely on social care to respect these rights? The analysis further suggests that there are two major problem areas across virtually all the cases and clusters – professional knowledge and usage of the Mental Capacity Act 2005 and inter-agency working and communication.

Service user “I” statements of the five principles of the Mental Capacity Act.

This is a summary of the rights people are entitled to when the council has decided they need to stay in a care home or hospital which they have named.

This leaflet explains what it means to be on a standard DoLs and what are the rights of care home residents and hospital patients.

This leaflet is for service users and their family/carers as their are being deprived of their liberty under the Deprivation of Liberty Safeguards. It explains these safeguards and what their rights are.

This document highlights the key points of the Mental Capacity Act. It briefly highlights the different rights under the act such as presumption of capacity, support to make decisions, best interest decisions, maximising freedoms, advance decisions and representation and support.