Mental Capacity Act 2005
The Mental Capacity Act empowers and protects people who are not able to make their own decisions. This covers decisions about property and financial affairs, health, welfare and where they live. It sets out who can make decisions, when and how. It applies to anyone aged 16 or over and sets out a framework for assessing whether a person lacks the mental capacity to make decisions for themselves. This might be because of brain injury; a stroke; dementia; mental health problems; alcohol or drug misuse; side effects of medical treatment; or other illness or disability.
This page includes useful resources and guidance for all those who care for and/or make decisions on behalf of adults who lack capacity.
- The Mental Capacity Act Code of Practice provides guidance to all those who care for and/or make decisions on behalf of adults who lack capacity. The code includes case studies and clearly explains in more detail the key features of the Mental Capacity Act.
- Easy read guide to the MCA (PDF 653KB)
- RiPFA; MCA 2005 decision making, care support and treatment (PDF 561KB)
This publication explores care and support planning within direct care settings under the Mental Capacity Act 2005 (MCA). The particular focus is on care planning and delivery of day to day care, support and treatment in direct care settings. - Best Interest Assessments - legal advice note 39 Essex Street (PDF 349KB)
- Assessing Capacity for Financial Decisions (PDF 1.4MB)
- NHS Guidance for MCA
- Guidance on the use of the Mental Capacity Act for decisions regarding clinical treatment and care: An introduction (PDF 4.4MB)
- Mental Capacity Act flowchart (PDF 173KB)
- Mental Capacity Toolkit
- Safeguarding Adults and MCA Champions Handbook for Care Homes (South Cumbria) (PDF 310KB)
- Self Neglect and Mental Capacity - delegate presentation pack from CSAB Conference 8 March 2023 - You can view a presentation from Professor Michael Preston-Shoot at our recent Safeguarding Conference on 8th March 2023. The presentation uses real stories and experiences to remind practitioner of the need to consider and assess capacity when working with adults who self neglect and the importance of avoiding what is often referred to as a 'lifestyle choice'.
- Mental Capacity Act (MCA) case study PIFA - This case study has been anonymised and is not from the local area and can be used in team meetings and training to explore: Where is the Mental Capacity Act relevant in this case? | Where was the Act applied correctly? | Were there any missed opportunities?
The SCIE MCA Directory helps to raise awareness about the Mental Capacity Act (MCA), including the Deprivation of Liberty Safeguards (DoLS). You will find useful information and tools to help understand or implement it. There is material here for people who may be subject to the Act's provisions, and for professionals from a range of backgrounds:
Mental Capacity Act (MCA) Directory
Video's from SCIE
- Using the Mental Capacity Act - YouTube
- MCA and National Mental Capacity Forum - Video (scie.org.uk)
The Mental Capacity Act contains five key principles, which must be applied at any time when the Act is being used for individuals who lack capacity. Below are links to CSAB 5-Minute Briefings recently published, along with video's of MCA week of action lunch and learn sessions.
Principle 1 - Presumption of capacity
Principle 2 - Individuals are supported to make decisions
Principle 3 - Unwise decisions
Principle 5 - Least restrictive option
Lunch and Learn Sessions (YouTube video's)