The Mental Capacity Act (MCA) is relevant to much of what care providers and their staff do every day, but the evidence suggests that it is not understood or applied as well as it ought to be.
The Joint Improvement Programme, in partnership with the Care Provider Alliance commissioned some guidance for providers of community services and a briefing paper aimed at members of care provider's boards in order to support providers to apply the MCA in the right way.
These two documents are aimed at helping to ensure that the legal rights of those who may lack capacity are upheld and that the individual is at the heart of decision-making.
MCA guides
Care providers and the Mental Capacity Act 2005
Mental Capacity Act 2005: a brief guide for providers of Shared Lives and other community services
We have also produced an easy read guide to the MCA to accompany these two documents.
They cover:
- what the MCA is, and why it matters
- what mental capacity means
- acting in someone's best interests
- limits on what can be done in someone's best interest, including deprivation of liberty.
Liberty Protection Safeguards to replace Deprivation of Liberty Safeguards in 2022
Liberty Protection Safeguards (LPS), which will replace Deprivation of Liberty Safeguards (DoLS), are due to come into force in 2022.
Watch SCIE's video on LPS
The Social Care Institute for Excellence (SCIE) has produced a short video to encourage the sector to consider how LPS can promote practice which aligns with human rights and the core principles and duties of the Care Act 2014.
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LPS factsheets and blog
Featured pages
Mental Capacity Act including the Deprivation of Liberty Safeguards
This improvement tool has been has been developed throughout 2014/15 with funding from the Department of Health and support from the Local Government Association (LGA) and the Association of Directors of Social Services (ADASS).
Mental Capacity Act including DoLS and LPS
The Mental Capacity Act (MCA) 2005 promotes a person centred approach which promotes autonomy and for those who may lack mental capacity ensures that decisions made on their behalf are made in their best interests and with the least possible restriction of freedoms.