View source for Mental Capacity Act 2005 Overview

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The full text of the Act is available here: [[Mental Capacity Act 2005]]. See also: [[Mental Capacity Act 2005 Explanatory Notes]].

This overview page contains links to useful resources on the Mental Capacity Act 2005, which came into force on 1/10/07.

==The provisions of the Act==
[[:Category:Mental Capacity Act 2005 provisions]]

See also:

*{{mha change|DOLS}} - The Mental Health Act 2007 has made amendments to the Mental Capacity Act 2005 which are expected to come into force in April 2009. See also the [[Mental Capacity Act 2005 Code of Practice]] Deprivation of Liberty Safeguards supplement.

==Secondary legislation==

===Commencement orders===
[[:Category:Mental Capacity Act 2005 commencement orders]]

The Act came fully into force on 1/10/07 (see [[Mental Capacity Act 2005 in-force dates]] for detail).

===Deprivation of Liberty===
[[:Category:Mental Capacity Act 2005 secondary legislation - DOLS]]

See also: [[:File:WAG Consultation Response on DoLS Regs.pdf|Welsh Assembly Government response to consultation on the draft regulations relating to Deprivation of Liberty Safeguards of the Mental Capacity Act 2005]] - February 2009

===IMCA===
[[:Category:Mental Capacity Act 2005 secondary legislation - IMCA]]
===Research===
[[:Category:Mental Capacity Act 2005 secondary legislation - Research]]
===Public Guardian and Court of Protection===
[[:Category:Mental Capacity Act 2005 secondary legislation - Public Guardian and Court of Protection]]
===Other===
[[:Category:Mental Capacity Act 2005 secondary legislation - Other]]
===Legislation updates===

For legislation updates, see:

* [http://www.statutelaw.gov.uk/SearchResults.aspx?Title=mental+capacity+act Search results for "Mental Capacity Act" on Statute Law Database]

==Government bodies==

The following state bodies are responsible for implementing the Act:

* [[Ministry of Justice]]: 
:*[http://www.justice.gov.uk/whatwedo/mentalcapacity.htm Mental Capacity "what we do" page]
:*[http://www.justice.gov.uk/guidance/mental-capacity.htm Mental Capacity "guidance" page]

* [[Department of Health]]:
:*[http://www.dh.gov.uk/en/SocialCare/Deliveringadultsocialcare/MentalCapacity/index.htm Mental Capacity page]. This contains links to the following three pages, which are updated fairly regularly:
::*[http://www.dh.gov.uk/en/Policyandguidance/Healthandsocialcaretopics/Socialcare/IMCA/MentalCapacityAct2005/index.htm Mental Capacity Act 2005 page]
::*[http://www.dh.gov.uk/en/SocialCare/Deliveringadultsocialcare/MentalCapacity/IMCA/index.htm Independent Mental Capacity Advocate (IMCA)  page]
::*[http://www.dh.gov.uk/en/SocialCare/Deliveringadultsocialcare/MentalCapacity/MentalCapacityActDeprivationofLibertySafeguards/index.htm Mental Capacity Act Deprivation of Liberty safeguards]

*[[Welsh Assembly Government]]:
:*[http://new.wales.gov.uk/topics/health/nhswales/healthservice/mentalhealthservices/mentalcapacityact/?lang=en Mental Capacity Act page]

*[[Office of the Public Guardian]]:
:*[http://www.publicguardian.gov.uk OPG website] - This well-structured website contains the following sections: About the Public Guardian, Making arrangements for yourself, I have concerns for another person, Making decisions for someone else, Mental Capacity Act and Forms and booklets.

See also:

* [http://www.officialsolicitor.gov.uk Offices of Court Funds, Official Solicitor and Public Trustee website]

==Training materials==

* [http://www.dh.gov.uk/en/Policyandguidance/Healthandsocialcaretopics/Socialcare/IMCA/DH_074510 Training for the Mental Capacity Act 2005] (DH)

* [http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_074491 Mental Capacity Act 2005: training materials] - "During May 2007 the Department of Health, in partnership with the Welsh Assembly Government and the Social Care Institute for Excellence (SCIE), is publishing five sets of training materials to support the implementation of the Mental Capacity Act 2005." (DH)

==Summaries and updates==

In addition to the official [[Mental Capacity Act 2005 Explanatory Notes]], the following may be useful:

* [http://www.dca.gov.uk/legal-policy/mental-capacity/mca-summary.pdf Summary of the Act] (DCA)

* [http://www.dca.gov.uk/menincap/mca-act-easyread.pdf Easy-read summary] (DCA)

* [http://www.dca.gov.uk/menincap/legis.htm#background Background and useful information] (DCA)

* [http://www.scie.org.uk/publications/misc/mca/index.asp Social Care Institute for Excellence: MCA 2005 resources page]

* [http://www.publicguardian.gov.uk/forms/additional-publicationsa-newsletters.htm MCA Update newsletter] - published regularly by the Office of the Public Guardian.

:*[http://www.publicguardian.gov.uk/docs/mca-update-July09.pdf Edition 22] - July 2009

==Other external links==
*[http://www.parliament.the-stationery-office.co.uk/pa/ld200910/ldhansrd/text/100329-gc0006.htm#10032941000299 House of Lords Hansard: Mental Capacity Act 2005: Question for Short Debate: To ask Her Majesty's Government what assessment they have made of the effect of the Mental Capacity Act 2005] - 29/3/10

*[http://www.gmc-uk.org/End_of_life.pdf_32486688.pdf GMC: Guidance for doctors: Treatment and care towards the end of life: Good practice in decision making] - published 20/5/10 - in force 1/7/10

*[[:File:CQC Guidance for providers MCA.pdf|CQC, 'Mental Capacity Act: Guidance for providers', October 2010]]

*[[:File:CQC Guidance for providers MCA DOLS.pdf|CQC, 'Deprivation of liberty safeguards: guidance for providers', October 2010]]

*[http://autonomy.essex.ac.uk/wp-content/uploads/2011/08/Report-on-Best-Interests-Public-Policy-Rountable.pdf Essex Autonomy Project, 'Best Interest Decision-Making: Legal, Ethical and Clinical Issues' (July 2011)]

*[[:File:DH Scope Long road to travel Jan 2009.pdf|DH and Scope, 'A Long Road to Travel: The impact of the Mental Capacity Act on Adults with Complex Needs in Residential Settings' (January 2009)]]

*[http://www.mentalhealth.org.uk/publications/mca-lit-review/ Mental Health Foundation, 'Mental Capacity and the Mental Capacity Act 2005 - A literature review' (August 2012)]. Their summary: 'This literature review was carried out to collate academic literature relating to mental capacity issues and to the implementation of the Mental Capacity Act 2005. Mental capacity is the ability to make one’s own decisions. The Mental Capacity Act (MCA), which came into force in 2007 and covers England and Wales, provides a statutory framework for supporting people to make decisions for themselves wherever possible as well as processes and safeguards for decision-making involving people who lack capacity to make their own decisions because of illness, injury or disability. This review has collated a broad range of literature investigating various issues relating to mental capacity and the implementation of the MCA with the aim of identifying consistent themes, problem areas and any gaps in the existing literature. The largest proportion of literature relating to the MCA in England and Wales relates more specifically to issues with older people and people who have dementia.'
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