This document is a combination of best practice guidance and external resources to assist practitioners when using the Mental Capacity Act 2005 (MCA 2005). It applies to all Central Bedfordshire Council employees working with people over the age of 16 and should be considered jointly with the MCA 2005 Code of Practice DoLS Codes of Practice, CBC Mental Capacity Act 2005 policy and CBC Mental Capacity Act 2005 competency framework.

This guidance is intended to provide support in carrying out and recording formal capacity assessments and is not intended as a substitute for the Code of Practice. The documents covers: recording mental capacity assessment activity; principles of the mental capacity act 2005; when to assess capacity and who should carry out the assessment; assessments as part of needs or risk assessments and day to day decisions; capacity to agree to social care decisions; identifying the decision maker; advance statements and preferred place of care statements; capacity assessments; best interests decisions; independent mental capacity advocates; unwise decisions, duty of care, the role of the Court of Protection and inherent jurisdiction; and the role of the Court of Protection.

A flowchart outlining the procedure for checking compliance to the Mental Capacity Act and Deprivation of Liberty Safeguards on admission to residential care.

A guide for health and social care staff on how, and in which situations, a person can be referred to the Independent Mental Capacity Advocacy service.

This leaflet sets out the actions a managing authority should put in place on receipt of a Deprivation of Liberty Safeguards authorisation.

Letter sent to Mental Capacity Act 2005 (MCA) – Deprivation of Liberty Safeguards (DoLS) leads in local authorities and the NHS on 22 October 2015. The letter update on developments on the Deprivation of Liberty Safeguards (DoLS) and also on developments concerning the wider Mental Capacity Act 2005 (MCA).
The document includes the Department of Health Guidance in response to the Supreme Court Judgment/ Deprivation of Liberty Safeguards (19 March 2014 in the case of Cheshire West).

A quick guide to the Deprivation of Liberty Safeguards, looking at the use of DoLS, the role of the Managing Authority, what to do when a deprivation of liberty is identified, what happens when an application is made, the roles of the Supervisory Body and the Relevant Persons Representatives, and what happens when an authorisation ends.

This toolkit supports healthcare professionals’ understanding of advance decisions. It looks at: the legal framework for advance decisions and explains healthcare professionals’ obligations when caring for someone who lacks capacity; what an advance decision is and the criteria one needs to meet; how to support someone to make an advance decision; what steps should be followed if a person lacks capacity and has an advance decision; challenges that healthcare professionals may face when acting on an advance decision and offers practical guidance to help overcome them; and the relationship between advance decisions and lasting power of attorney for health and welfare. It consolidates guidance from the Mental Capacity Act, General Medical Council and British Medical Association.

This document is part of a series of brief guides to help all health and social care professionals navigate through and apply the principles of the Mental Capacity Act for decisions regarding treatment and care. It sets out alternative decision-making approaches in the event that a person does not have mental capacity to give consent to a proposed treatment. It looks at the role of advance decisions to refuse treatment, lasting powers of attorney for health and welfare and discusses situations where the Court of Protection may need to be involved. The guide also covers advance care plans, independent mental capacity advocates, and best interest decisions.

This diagram provides step by step guidance to understanding the principles of consent and mental capacity prior to undertaking care, examination or treatment. The steps are applicable to patients aged 16 and over.

A step by step guide to help decide which legislation to use when making decisions about admission to a care home/remaining in a care home. The process outlined in the diagram applies only to patients who are 16 years or older – different arrangements are in place for under 16s.

This introduction provides an overview of the issues health and social care professionals face when capacity and consent for treatment and care are significant and critical challenges. It covers the legal framework and principles of the Mental Capacity Act 2005; consent to care and treatment; decisions for those who lack mental capacity; best interest decisions; deprivation of liberty; and collaboration and co-operation between professionals.