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Do you work in health or social care?

Social carers talking mental capacity

If you provide care, treatment or support to people who may have difficulties making some or all decisions for themselves, then you are dealing with mental capacity issues.

 

If the person is aged over 16 years and living in England or Wales then the Mental Capacity Act applies to you. Difficulties with making a decision could be caused by a psychiatric illness such as dementia, a learning disability, mental health problems, a brain injury or a stroke.

 

Many people working in health and social care are affected by the Mental Capacity Act and need to know about it. 

 

Here is a range of resources to help you understand your rights and to signpost you to further help. 

 

Banking on good decisions

This publication provides detailed information about how the Mental Capacity Act 2005 can help people with mental health problems deal with their money when they go into banks, building societies and post offices.

 

Banking on good decisions booklet

This booklet explains how the Mental Capacity Act 2005 can help people with mental health problems deal with their money when they go into banks, building societies and post offices.

 

 

The Mental Capacity Act 2005

Online information about mental capacity and how the Mental Capacity Act 2005 could affect you. It also provides information on how to get help if you are worried about your ability to make a decision.

 

Whose decision?

This study looks at how mental capacity is assessed and how decisions are made. The study reports the views of service users, carers and health and social care staff. 

 

Engaging with Black and minority ethnic communities about the Mental Capacity Act’

This report work was commissioned by the Department of Health and Social Care Institute for Excellence as part of a programme of work on implementing the Mental Capacity Act 2005.

 

Making Decisions Alliance Website 

This website explains who the Making Decisions Alliance was and why we campaigned for the Act. It also contains information about implementation of the Act.

 

Policy and Campaigns Panel

We want to hear your views on mental health. We believe it is essential that your opinions and experiences shape the future of our policy work.

 

Useful organisations

This information is useful for:

*doctors

*nurses

*psychologists

*social workers

*advocates

*care home managers

*care staff

*support workers

*occupational therapists

Working in health and social care

 

Read an article by about mental capacity

 

(first published in Mental Health Today 2007)

More information

 

England and Wales

Nearly all mental capacity issues come under the Mental Capacity Act (MCA) 2005.

 

Find out more on the Office of the Public Guardian website. For advice and information, call their Customer Services Unit on 0845 330 2900.

The Department of Health has more information about research, Independent Mental Capacity Advocates (IMCAs), and changes to the Mental Capacity Act that are due to come into force in April 2009.

 

Where can I find out more?

Office of the Public Guardian website website has links to the Code of Practice for the Act and booklets about the Act for:

 

  • people who may be unable to make some decisions for themselves who wish to plan ahead for the future

  • family, friends and unpaid carers people who work in health and social care

  • advice workers 

  • explaining about the Act in Easier Read

  • explaining the Independent Mental Capacity Advocate (IMCA) service 

 

The Social Care Institute for Excellence (SCIE) has free training materials available for anyone working in health and social care which help explain how the Act should be used

 

Scotland 

For people living in Scotland nearly all mental capacity issues come under the Adults with Incapacity (Scotland) Act 2000.

 

 

Northern Ireland  

Northern Ireland does not have mental capacity legislation so mental capacity issues are dealt with under common law.

 

 

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