MCA Useful Links
Click on the links below to access other sites where you can find out information about the Mental Capacity Act
For National, Regional and Local information and resources relating to the Mental Capacity Act.
- SCIE Webpage - Mental Capacity Act 2005 Resources
- ADVANCE DECISIONS TO REFUSE TREATMENT A Guide for Health and Social Care Professionals - http://www.adrtnhs.co.uk
- 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
1. 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
- Mental Capacity Act 2005
- Explanatory notes
- Regulatory impact assessment
- Mental Capacity Act Royal Assent press release: April 2007
- Summary of the Mental Capacity Act
- Easy read summary
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
English Community Care Association Leaflet on the Mental Capacity Act
For Information leaflet on the Mental Capacity Act email
makingdecisions@dca.gsi.gov.uk
2. INDEPENDENT MENTAL CAPACITY ADVOCATE (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
4. 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
3. RESEARCH
The Mental Capacity Act makes specific provision for the use of research involving people who lack capacity
Consultation 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