Posts Tagged ‘mental capacity act’

Mental Capacity Act 2005 – A SCIE Briefing

Monday, November 16th, 2009

SCIE logoThis SCIE at a glance summary presents an overview of the Mental Capacity Act (MCA) 2005 which is important to health and social care practice in England and Wales. The MCA promotes and safeguards decision-making within a legal framework by: empowering people to make decisions for themselves where possible, protecting people who lack capacity; allowing people to plan ahead for a time in the future when they might lack the capacity. Download here

For further information on the Mental Capacity Act and the role of IMCAs, visit and You will be able to access guidance materials and further links.

SCIE are to be commended on the “at a glance summaries”  which help practitioners understand quickly and easily the important messages in a number of key areas. A full list of the very useful “at a glance” series is available here

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Deprivation of Liberties Safeguards publications

Wednesday, November 11th, 2009

BILD DoLS_1The Mental Capacity Act Deprivation of Liberty safeguards (formerly known as the Bournewood safeguards) were introduced into the Mental Capacity Act 2005 through the Mental Health Act 2007 (which received Royal Assent in July 2007).

The MCA DOL safeguards apply to anyone:

– aged 18 and over who suffers from a mental disorder or disability of the mind, such as dementia or a profound learning disability
– who lacks the capacity to give informed consent to the arrangements made for their care and / or treatment and
– for whom deprivation of liberty (within the meaning of Article 5 of the ECHR) is considered after an independent assessment to be necessary in their best interests to protect them from harm.

The safeguards cover patients in hospitals, and people in care homes registered under the Care Standards Act 2000, whether placed under public or private arrangements

The aim is to implement the safeguards in April 2009. The safeguards are designed to protect the interests of an extremely vulnerable group of service users and to:
– ensure people can be given the care they need in the least restrictive regimes
– prevent arbitrary decisions that deprive vulnerable people of their liberty
– provide safeguards for vulnerable people
– provide them with rights of challenge against unlawful detention
– avoid unnecessary bureaucracy.

There are two publications, funded by the Department of Health and produced by BILD, which you can download in .pdf format: The Deprivation of Liberty Safeguards and You and Deprivation of Liberty Safeguards Guide for families and carers.

Also available from the Department of Health website are easy read publications about Deprivation of Liberty Safeguards in basic and expanded versions, as well as a video version.

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The Mental Capacity Act 2005 – Useful Resources

Wednesday, June 25th, 2008

The Mental Capacity Act (2005) came into effect from April 2007 in England. The Act provides a statutory framework to empower and protect vulnerable people who are not able to make their own decisions. The provisions of the Act directly affect a great many people. The training of Approved Mental Health Professionals (AMHP), and Best Interest Assessors (BIA) and the new role of Responsible Clinician have particular relevance for social work.

We have drawn together a number of useful resources and weblinks relating to the Mental Capacity Act. Please feel free to post and share other useful resources and guidance.

The Care Services Improvement Programme (CSIP) have a dedicated website to disseminate further information as it becomes available. Training materials are to be developed and CSIP will be jointly hosting road shows to share  more detailed information. There are a number of useful resources to download from this site including a best practice tool to help statutory services assess their state of readiness for the implementation of the Mental Capacity Act.

The Department for Constitutional Affairs has published the Mental Capacity Act Code of Practice (302 pages) which can be downloaded from the DCA website 

The Code of Practice for the Mental Capacity Act was formally issued by the Lord Chancellor on 23 April 2007. It provides guidance and information on how the Act will work on a day to day basis for anyone who works with or cares for people who lack capacity, including family, friends and unpaid carers. Certain groups of people are legally required to have regard to the Code when acting or making decisions on behalf of people who lack capacity.

Robert Brown, Visiting Fellow and Keith Brown, Director of the Centre for Post Qualifying Social Work at Bournemouth University have published a paper on the Impact of Recent Changes in Mental Health Law and their Implications for Workforce Development which can be downloaded here. Brown and Brown Mental Health Law 2008.doc (173.50 kb)

More detailed information is contained in The Social Workers Guide to the Mental Capacity Act 2005 Brown B and Barber P (2008) published by Learning Matters.

If you work with people who use services and carers a free learning pack has been published by embrace learning which contains learning points and useful facts about the Mental Capacity Act. which can be downloaded here. Embrace Mental Capacity Act Learning Pack.pdf (143.83 kb)

Embrace Learning also offer a useful free online self-appraisal tool. which will assess your own skills and knowledge in respect of the Mental Capacity Act.

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