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MCA - Key documents

When Dave Sheppard retired in 2020 he kindly gave me permission to publish the contents of his website (originally named after his firm, "Dave Sheppard Associates", then called "MHAandMCA"). It is a treasure trove. I've not had time to prepare everything for publication but have put the main headings online: let me know if you would like a copy of anything listed.


Mental Capacity Act (external link)

Code of Practice (English): Cod Ymarfer (Welsh)

Regulations (external link)

Court of Protection Rules 2017 (external link)

Court of Protection Rules 2017 - Explanatory memorandum (external link)

Court of Protection: Practice Directions (external link)

Public Guardian practice notes (external link)

Developments

Mental Capacity (Amendment) Act 2019 (external link)

A brief guide to carrying out best interests assessments, 39 Essex Chambers, April 2019

The Government's Response to The Joint Committee on Human Rights 7th and 12th Reports, April 2019

What Makes a Good Assessment of Capacity? British Psychological Society, April 2019

Capacity to consent to sexual relations, British Psychological Society, April 2019

A brief guide to carrying out capacity assessments, 39 Essex Chambers, updated March 2019

Joint Committee on Human Rights - Legislative Scrutiny: Mental Capacity (Amendment) Bill, October 2018

Court of Protection - forms and guidance, HM Courts and Tribunal Service, July 2018 (external link)

The Right to Freedom and Safety: Reform of the Deprivation of Liberty Safeguards, June 2018

National Mental Capacity Forum: Chair's annual report 2017, May 2018

Court of Protection Case Law Directory, Spire Barristers, January 2018

Is Involuntary Placement and Non-Consensual Treatment ever compliant with UN Human Rights Standards?, January 2018

Everyday Decisions project report, Professor Rosie Harding & Dr Ezgi Tascioglu, Birmingham Law School, November 2017 (external link)

Welfare cases in the Court of Protection: A statistical overview, September 2017

National Mental Capacity Forum: Chair's annual report 2016, March 2017

National Mental Capacity Act Competency Framework, Bournemouth University, February 2017

The participation of P in welfare cases in the Court of Protection, Cardiff University, February 2017

Mental Capacity and Ordinary Residence, 39 Essex Chambers, December 2016

Facilitating participation of 'P' and vulnerable persons in Court of Protection proceedings, Mr Justice Charles, November 2016

A matter of life and death, Mr Justice Baker, Oxford Shrieval Lecture, October 2016

A brief guide to carrying out capacity assessments, 39 Essex Chambers, August 2016

Towards compliance with Art.12 in Capacity / Incapacity legislation across the UK, Essex Autonomy Project, June 2016

What happens when I can no longer make decisions for myself?, Office Public Guardian, May 2016 (external link)

OPG's approach to family care payments, Office Public Guardian, May 2016 (external link)

Giving gifts for someone else - A guide for attorneys and deputies, Office Public Guardian, May 2016 (external link)

Care England - Mental Capacity Act Implementation Survey, May 2016

National Mental Capacity forum, SCIE, March 2016 (external link)

Transparency Pilot: Court of Protection, January 2016 (external link) (Internet Archive)

Government response to No voice unheard, no right ignored, Department of Health, November 2015

Valuing every voice, respecting every right: One year on, Department of Health, August 2015

Mental Capacity Act including the Deprivation of Liberty Safeguards - An improvement tool, ADASS, July 2015

Updated detailed response from House of Lords Select Committee, July 2015

Putting the MCA principles at the heart of adult social care commissioning, LGA/ADASS, June 2015

MCA directory, SCIE, June 2015 (external link)

Mental Capacity Act 2005 in Practice - Learning Materials for Adult Social Workers, Department of Health, March 2015

No voice unheard, no right ignored - a consultation for people with learning disabilities, autism and mental health conditions, March 2015

The MCA under scrutiny, Essex Autonomy Project, February 2015

Care providers and the Mental Capacity Act 2005, LGA, Care Providers Alliance and NHS England, January 2015

Gaining access to an adult suspected of being at risk of neglect or abuse, SCIE, October 2014

Achieving CRPD compliance, Essex Autonomy Project, September 2014

Acquired Brain Injury and Mental Capacity, Acquired Brain Injury and Mental Capacity Act Interest Group, September 2014

Mental Capacity Act 2005, and the Convention on the Rights of Persons with Disabilities, Lucy Series et al., June 2014

Valuing every voice, respecting every right - Government response to House of Lords Select Committee, June 2014

House of Lords Select Committee on the Mental Capacity Act, March 2014

Evidence to the House of Lords A-K: L-W

Practice Guidance (Transparency in the Court of Protection), January 2014

Mental Capacity and the Mental Capacity Act 2005 - A literature review, Mental Health Foundation, August 2012

Court of Protection Guidance on tenancy agreements, February 2012

Best interests decision-making under the Mental Capacity Act, Essex Autonomy Project, February 2012

Making best interests decisions: people and processes, Mental Health Foundation, January 2012 also summary; appendices

Vulnerable Adults and the Inherent Jurisdiction of the High Court, Essex Autonomy Project, September 2011

Mental Capacity Act 2005 and Mental Health Act 1983, Essex Autonomy Project, August 2011

International Legal Comparison (MHA/MCA), Essex Autonomy Project, May 2011

The Court of Protection, Essex Autonomy Project, May 2011

Post-legislative assessment of the Mental Capacity Act 2005, Ministry of Justice, October 2010

Reference guide to consent for examination or treatment 2nd edition, Department of Health, July 2009

Best Interests, British Psychological Society, 2008

Training Materials, Department of Health, May 2007 (external link)

Mental Capacity Act 2005, A brief guide for providers of Shared Lives and other community services, March 2005



Guides

Making decisions: About your health, welfare or finances. Who decides when you can't? (OPG601)

Making decisions: A guide for family, friends and other unpaid carers (OPG602)

Making decisions: A guide for people who work in health and social care (OPG603)

Making decisions: A guide for advice workers (OPG604)

Making decisions: The Independent Mental Capacity Advocate (IMCA) service (OPG606)



The Seventh Year of the Independent Mental Capacity Advocacy (IMCA) Service, 2013 - 2014, Department of Health, March 2015

2012 - 2013 : 2011 - 2012; 2010 - 2011 ; 2009 - 2010 ; 2008 - 2009 ; 2007 - 2008


Family Court statistics, Ministry of Justice

2018: Q1 pdf, xls; Q2 pdf , xls : Q3 pdf , xls

2017: Q1 pdf, xls ; Q2 pdf, xls Q3: pdf, xls ; Q4 pdf, xls

2016: Q1 pdf, xls ; Q2 pdf, xls ; Q3 pdf, xls ; Q4 pdf, xls

2015: Q1 pdf, xls; Q2 pdf, xls ; Q3 pdf, xls ; Q4 pdf, xls

2014: Q1, Q2, Q3 , Q4

2013: Q1 , Q2, Q3 , Q4

2012: Q1, Q2, Q3, Q4

2011: Q1, Q2, Q3, Q4

2010: Q1, Q2, Q3, Q4


39 Essex Chambers Mental Capacity Report: compendium

March 2020

February 2020

December 2019

November 2019

October 2019

September 2019

July 2019

June 2019

May 2019

April 2019

March 2019

February 2019

November 2018

October 2018

September 2018

Special report: Mental Capacity (Amendment) Bill

July 2018

June 2018

May 2018

April 2018

March 2018

January 2018

November 2017

October 2017

September 2017

July 2017

June 2017

May 2017

April 2017

March 2017

February 2017

December 2016

November 2016

October 2016

August 2016

July 2016

June 2016

May 2016

April 2016

March 2016

February 2016

December 2015

November 2015

October 2015

September 2015

July 2015

June 2015

May 2015

April 2015

March 2015

February 2015

December 2014

November 2014

October 2014

August 2014

July 2014

June 2014

May 2014

April 2014

March 2014

February 2014

January 2014

December 2013

November 2013

October 2013

September 2013

August 2013

July 2013

June 2013

May 2013

April 2013

March 2013

February 2013

January 2013

December 2012

November 2012

October 2012

September 2012

August 2012

July 2012

June 2012

May 2012

April 2012

March 2012

February 2012

January 2012

December 2011

November 2011

October / November 2011

September 2011

August 2011

July 2011

June 2011

May 2011

April 2011

March 2011

February 2011

January 2011

December 2010

November 2010

October 2010

August 2010


Office of the Public Guardian Annual Report & Accounts 2017-2018 July 2018

2016-2017, 2015-2016; 2014-2015 ; 2013 - 2014; 2012 - 2013; 2011 - 2012; 2010 - 2011; 2009 - 2010; 2008 - 2009; 2007- 2008; 2006 - 2007



History

The legal vacuum in regard to decision-making for those who lack mental capacity was first highlighted in Decision-making and Mental Incapacity by the Law Society's Mental Health Sub-Committee (as it then was) and a subsequent conference in 1989. This prompted the Law Commission to take up the issue under the active leadership of Professor Brenda Hoggett and the publication of a series of consultation papers:

Mentally Incapacitated Adults and Decision-Making: An overview (Law Commission Report 119 - 1991) ;

Mentally Incapacitated Adults and Decision-Making: A new jurisdiction (Law Commission Report 128 - 1992) ;

Mentally Incapacitated Adults and Decision-Making: Medical Treatment and Research (Law Commission Report 129 - 1993) ;

Mentally Incapacitated and other Vulnerable Adults (Law Commission Report 130 - 1993) ;

Mental Incapacity (Law Commission Report 231 - 1995) .


A Green Paper Who Decides? - Making Decisions on Behalf of Mentally Incapacitated Adults was published by the then Lord Chancellor's Department in December 1997.


In October 1999 the Lord Chancellor published the Government's proposals, Making Decisions , in the light of the 4,000 responses.


A Draft Mental Incapacity Bill , Explanatory Notes and Guide were published in June 2003.


The Bill was scrutinised by a Joint Scrutiny Committee of both Houses of Parliament who received over 1,200 written submissions and heard oral evidence from 61 witnesses. It reported in November 2003.


The Department for Constitutional Affairs published a revised Mental Capacity Bill , Explanatory Notes , Overview (accessible version) and Full Regulatory Impact Assessment in June 2004.


A Draft Code of Practice was published by the Department for Constitutional Affairs in September 2004. A research paper was published in October 2004.


In November 2004, the Joint Committee on Human Rights published their views on the Mental Capacity Bill in Scrutiny of Bills: Final Progress Report and the Department for Consititutional Affairs published their response in January 2005.

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