You are here

The Mental Capacity Act 2005

The Mental Capacity Act 2005
A Guide for Practice

Third Edition

September 2015 | 320 pages | Learning Matters

The Mental Capacity Act 2005 and its accompanying Codes of Practice continue to have a huge impact on mental health professionals working with some of the most vulnerable people throughout England and Wales. Whether you are a Social Worker, Best Interest Assessor, Mental Health Nurse, Doctor, Psychiatrist or an Approved Mental Health Professional (AMHP), understanding the Mental Capacity Act and its implications for practice is essential and this indispensable guide will help you do just that.

The Mental Capacity Act 2005 is designed to protect and empower individuals who may lack the mental capacity to make their own decisions about their care and treatment and this bestselling book will provide invaluable support to busy practitioners needing to draw on the Act in the following ways:

- Sets out the full text of the main body of the Act for quick reference

- Contains practical advice and checklists for working with the Act and the main principles and Codes of Practice

- Shows how the Mental Health Act and Mental Capacity Act interact so that statutory requirements can be put into practice.

Written in a style accessible to all professionals, this fully updated Third Edition has been revised and enlarged to incorporate revisions to the Mental Health Act Code of Practice 2015 and the crucial impact of the Supreme Court decisions in the Cheshire West cases.

Background to the Mental Capacity Act 2005
The Key Features of the Mental Capacity Act 2005
The Code of Practice (Sections 42-43)
Principles (Section 1)
What Is Lack of Capacity? (Sections 2 and 3)
Best Interests (Section 4)
Protection for Those Making Decisions (Sections 5 to 8)
Lasting Powers of Attorney (Sections 9 to 14 and 22-23)
Deputies and Declarations (Sections 15 to 21)
Advance Decisions to Refuse Treatment (Sections 24 to 26)
Independent Mental Capacity Advocates (IMCAs) (Sections 35 to 41)
The Court of Protection and the Public Guardian (sections 45 to 61)
Other Issues
Links with Other Areas of Law
Deprivation of Liberty Safeguards
The Interface between the Mental Capacity Act and the Mental Health Act
The Distinction between Restriction of Movement and Deprivation of Liberty
Appendix: 1 The Mental Capacity Act 2005
Appendix: 1A DOLS Regulations on Representative
Appendix: 1B DOLS Assessment Regulations
Appendix: 2 Helping people to make their own decisions
Appendix: 3 Assessing capacity
Appendix: 4 Best interests checklist
Appendix: 5 Multiple choice answers
Appendix: 6 Lasting Powers of Attorney and advance decisions
Appendix: 7 Identifying a Deprivation of liberty
Appendix: 8 The DOLS procedures

This speaks to the learning outcome of the module and is a clearly written text about the differences with MHA and MCA

Ms Ros Sanders
Faculty of health and science, University of Cumbria
December 18, 2015

I adopted this as a supplemental text as it was useful as a reminder about the law for their assignments.

Mr Alan Marshall
Faculty of Education and Society, Sunderland University
November 26, 2015
Key features

Key Need 1
The Mental Capacity Act is a complex piece of legislation that many practitioners struggle to put into a practice context.

Key Feature 1
The book goes through the Act in a systematic way, explaining the key regulations and Codes of Practice and how they are applied to everyday practice.

Key Benefit 1
This approach will directly benefit busy practitioners who need something practice-focused and easy to navigate

 Key Need 2
Mental Health Professionals and AMHPs must demonstrate a close understanding the five principles of assessing capacity if they are to operate within the law

 Key Feature 2
The authors include a checklist and explain the five principles while using a series of multiple choice questions to reinforce learning

 Key Benefit 2
Readers who understand the five principles will be able to operate effectively and within the law

 Key Need 3
Many practitioners struggle to understand the complicated relationship and interface between the Mental Health Act and the Mental Capacity Act

 Key Feature 3
The authors demonstrate how the Mental Capacity and Mental Health Act work together through recent Case Law

 Key Benefit 3
Practitioners will develop a clearer understanding of this interface and avoid inconsistent practice

The key changes in the new edition will be:

• The ruling in the Supreme Court on  Cheshire West and Chester Council v P and P&Q v Surrey, 2013 
(these cases will clarify what amounts to a deprivation of liberty);

• Revised guidance on the interface between the Mental Capacity Act and the Mental Health Act
(e.g. the implications of AM v SLAM and SoSH, 2013)

• The process of assessing capacity  (PC and NC v City of York Council, 2013)

There will also be new material on the following subjects:

  • analysing the operation of the Deprivation of Liberty Safeguards in practice;
  • advance decisions, and when is incapacity not covered by the Mental Capacity Act.