Mental Capacity Act 2005 Overview: Difference between revisions

Latest revision as of 09:46, 26 April 2020

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. [It was written soon after the Act came into force, so may be partly out of date, and some of the external links may no longer work.]

The provisions of the Act

Category:Mental Capacity Act 2005 provisions

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).

Legislation updates

For legislation updates, see:

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:

Department of Health:

Mental Capacity page. This contains links to the following three pages, which are updated fairly regularly:

Welsh Assembly Government:

Mental Capacity Act page

Office of the Public Guardian:

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.

Training materials

Training for the Mental Capacity Act 2005 (DH)

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:

Summary of the Act (DCA)

Easy-read summary (DCA)

Background and useful information (DCA)

Social Care Institute for Excellence: MCA 2005 resources page

MCA Update newsletter - published regularly by the Office of the Public Guardian.

Edition 22 - July 2009

Other external links

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

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

CQC, 'Mental Capacity Act: Guidance for providers', October 2010

CQC, 'Deprivation of liberty safeguards: guidance for providers', October 2010

Essex Autonomy Project, 'Best Interest Decision-Making: Legal, Ethical and Clinical Issues' (July 2011)

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)

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.'

INFORMATION

Representation
Civil sections and CTOs
Criminal sections
Aftercare
Mental Health Tribunal
Mandatory and discretionary references
Nearest relative
Legal Aid
International law

What links here:

Mental Capacity Act 2005

@@ Line 1: / Line 1: @@
-This page will contain links to useful resources on the Mental Capacity Act 2005.
+{{Information-header}}
+The full text of the Act is available here: [[Mental Capacity Act 2005]]. See also: [[Mental Capacity Act 2005 Explanatory Notes]].
-==Government bodies==
+This overview page contains links to useful resources on the Mental Capacity Act 2005, which came into force on 1/10/07. [It was written soon after the Act came into force, so may be partly out of date, and some of the external links may no longer work.]
+==The provisions of the Act==
+[[:Category:Mental Capacity Act 2005 provisions]]
-The following state bodies are responsible for implementing the Act. The links are to the relevant sections of their websites.
+See also:
-* [http://www.justice.gov.uk/whatwedo/mentalcapacity.htm Ministry of Justice] (Mental Capacity page)
+*{{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.
-* [http://www.dh.gov.uk/en/Policyandguidance/Healthandsocialcaretopics/Socialcare/IMCA/MentalCapacityAct2005/index.htm Department of Health] (Mental Capacity Act 2005 page)
+==Secondary legislation==
-* [http://new.wales.gov.uk/topics/health/nhswales/healthservice/mental_health_services/mentalcapacityact/?lang=en Welsh Assembly Govermnent] (Mental Capacity Act page)
+===Commencement orders===
+[[:Category:Mental Capacity Act 2005 commencement orders]]
-* [http://www.guardianship.gov.uk/ Public Guardianship Office]
+The Act came fully into force on 1/10/07 (see [[Mental Capacity Act 2005 in-force dates]] for detail).
-==Summaries of the Act==
+===Deprivation of Liberty===
+[[:Category:Mental Capacity Act 2005 secondary legislation - DOLS]]
-* [http://www.opsi.gov.uk/acts/en2005/2005en09.htm Explanatory Notes to Mental Capacity Act] (OPSI)
+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
-* [http://www.dca.gov.uk/legal-policy/mental-capacity/mca-summary.pdf Summary of the Act] (DCA)
+===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===
-* [http://www.dca.gov.uk/menincap/mca-act-easyread.pdf Easy-read summary] (DCA)
+For legislation updates, see:
-==Code of Practice==
+* [http://www.statutelaw.gov.uk/SearchResults.aspx?Title=mental+capacity+act Search results for "Mental Capacity Act" on Statute Law Database]
-"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. Once the Mental Capacity Act comes into force, certain groups of people will be legally required to have regard to the Code when acting or making decisions on behalf of people who lack capacity." (DCA quotation)
+==Government bodies==
-* [http://www.dca.gov.uk/menincap/legis.htm#codeofpractice Mental Capacity Act Code of Practice] (DCA website)
+The following state bodies are responsible for implementing the Act:
-* [http://www.publications.parliament.uk/pa/cm200607/cmhansrd/cm070423/wmstext/70423m0001.htm#0704237000001 Parliamentary statement] (Parliament website)
+* [[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]
-==Miscellaneous==
+* [[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]
-===Lasting Powers of Attorney===
+*[[Welsh Assembly Government]]:
+:*[http://new.wales.gov.uk/topics/health/nhswales/healthservice/mentalhealthservices/mentalcapacityact/?lang=en Mental Capacity Act page]
-* [http://www.dca.gov.uk/menincap/legis.htm#lpa Regulations and Guidance] (DCA website)
+*[[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.
-===Official Solicitor===
+See also:
 * [http://www.officialsolicitor.gov.uk Offices of Court Funds, Official Solicitor and Public Trustee website]
-===Implementation timetable===
+==Training materials==
+* [http://www.dh.gov.uk/en/Policyandguidance/Healthandsocialcaretopics/Socialcare/IMCA/DH_074510 Training for the Mental Capacity Act 2005] (DH)
-See [[Mental Capacity Act 2005 in-force dates]] and the external links on that page.
+* [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)
-===Background information===
+==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)]]
-{{legislation-stub}}
+*[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.'
+{{Information-footer
+|maincat=Legislation overviews
+}}