Mental Capacity Act 2005 Resources

There are different resources that you may find of interest, listed below. You can see them by clicking on the links (in red).


Key Documents


Mental Capacity Act 2005

Housing Provision and the Mental Capacity Act 2005


Independent Mental Capacity Advocacy (IMCA)

IMCA November News - Feedback from the Department of Health to IMCA Commissioners

IMCA (Independent Mental Capacity Advocacy) Ready Steady Go - A handy guide for advocacy organisations bidding for IMCA contracts

Developing a Service Specification for the provision of and Independent Mental Capacity Advocate Service

IMCA general regulations (Office of Public Sector Information [OPSI] website)

IMCA expansion regulations (OPSI website)

If you are looking for an IMCA in the Eastern region click on the link below for contact details of IMCAs by county.

IMCAS Eastern Region Contact Details


Publications/Newsletters

A Guide to the Mental Capacity Act for Carers

Guidance for Commissioners on the Independent Mental Capacity Advocacy Service

The Mental Capacity Act lays a duty on Local Authorities and PCTs to make available advocacy services in some cases.  This publication, funded by DH and produced by Turning Point, is aimed at assisting commissioning of this service.


Leaflets/Booklets

Making Decisions: A guide for family, friends and other unpaid carers

Making Decisions: about your health, welfare or finance. Who decides when you can't?

Short version of the above leaflet

Making Decisions: a guide for people who work in health and social care


Other resources

Mental Capacity Act Summary

Mental Capacity Act Flowchart - November 06

Local Authority Circular (15): The Mental Capacity Act and the Independent Mental Capacity Advocate (IMCA)

Details resources that have been made available for training relating to the act and the commissioning of the IMCA service

Safeguarding Vulnerable Adults: Guidelines for Assessment

Vulnerable Adult Protection: Assessment Form

Capacity Assessment Form from the Sexual Wellbeing Policy


Mental Capacity Act Locality Implementation Group

MCA - setting up a local implementation network

Guidance Notes

Appendix A - best practice tool (PDF)

Appendix B - summary of the Mental Capacity Act

Capacity and Consent - Guidance for Staff, March 2006


Legislation Code of Practice

Mental Capacity Act 2007 Code of Practice

Bournewood Safeguards: Draft Code of Practice


Useful links


For National, Regional and Local information and resources relating to the Mental Capacity Act.

  • Department of Health website – www.dh.gov.uk – enter “Mental Capacity Act” in the search box

  • Department for Constitutional Affairs – www.dca.gov.uk – enter “Mental Capacity Act” in the search box


For general information and overview 

Easy read summary - http://www.dca.gov.uk/legal-policy/mental-capacity/mca-er-summary.pdf

Summary of the Mental Capacity Act in 9 different languages - http://www.dca.gov.uk/menincap/legis.htm#implementation

Department of Constitutional Affairs website - http://www.dca.gov.uk/menincap/legis.htm

The DCA provides ‘making decisions booklets’ and various guidance articles aimed at different groups. Please note – these are under the current law and are due to be updated to encompass the Mental Capacity Act

http://www.dca.gov.uk/legal-policy/mental-capacity/guidance.htm

 

Banking for people who lack capacity to make decisions - www.bba.org.uk 

English Community Care Association Leaflet on the Mental Capacity Act - www.ecca.org.uk 


For information related to the Independent Mental Capacity Advocate (IMCA)

DH Webpage on the IMCA - www.dh.gov.uk/imca

Provides information relating to the provision of Independent Mental Capacity Advocates.

 

Commissioning the IMCA service – general information

www.dh.gov.uk then enter into ‘search’ box the number 6716

 

Guidance on specification for the IMCA service and tender requirements

www.dh.go.uk then enter into ‘search’ box, the number 6901

 

As part of the development work of the Mental Capacity Act, 7 pilot site were set up in January 2006

www.dh.gov.uk search ‘IMCA’

 

The general IMCA Regulations 2006 including the explanatory memorandum, a Regulatory Impact Assessment (covering financial costs) and a Race Equality Impact Assessment.

http://www.opsi.gov.uk/si/si200618.htm


For Information related to Bournewood

For guidance on the ‘Bournewood’ judgement – relating to restriction or deprivation of liberty for a person lacking capacity:

 

  • Consultation paper (June2005) on the approach to be taken in response to the European Court Ruling of 2004 www.dh.gov.uk then enter into the ‘search’ box, the number 4706
  • Bournewood briefing Sheet – June 2006. The Government’s proposals to introduce a ‘Bournewood Procedure’ to close the Bournewood gap www.dh.gov.uk then enter into the ‘search’ box, the number 6794
  • Interim advice from the Department of Health on the decision of the European Court of Human Rights in the case of HL v UK (The Bournewood Case). Advises on distinguishing between ‘restriction’ and ‘deprivation’ of liberty. (December 2004) www.dh.gov.uk then enter into the ‘search’ box, the number 4269.
  • ‘Protecting the Vulnerable’. Report of the Public Consultation on the Governments Response to the Bournewood case www.dh.gov.uk then enter into the ‘search’ box, the number 5834

Best Practice Self Assessment Tool & Accompanying Notes – an aid for organisations to review their readiness to comply with the Act’s requirements

www.dh.gov.uk then enter into the ‘search’ box, the number 6703


For information related to research


The Mental Capacity Act makes specific provision for the use of research involving people who lack capacityConsultation on the draft research regulations and the Governments response

www.dh.gov.uk then enter into the ‘search’ box, the number 7163

 

Consent Key Documents - DH website, Consent to Treatment forms and guidance