Mental Capacity Act Legal Updates and Resources

Legal Updates

39 Essex Chambers has developed resources for those seeking to apply and understand the Mental Capacity Act 2005, as well as to understand mental capacity within the law more generally. This includes case law databases, summaries, mental capacity reports and guidance notes in assessing capacity and applying best interests:

Mental Capacity Resource Centre

Mental Capacity Report May 2023

Mental-Capacity-Guidance-Note-Codes-of-Practice-Update-February-2022.pdf

Relevant Information for Different Categories of Decision Making

Shedinars This website provides helpful links to ‘shedinars’ which are divided into introductions to mental capacity law, and conversations with key experts on the topic. Each shedinar is 20 minutes long.

Mental Capacity Law and Policy a helpful website created by Alex Ruck Keene, a practising barrister, writer, and educator specialising in mental capacity law.

Liberty Protection Safeguards in Mental health and Capacity law - Resources and training opportunities

Other Useful Resources

Skills for Care supporting the adult social care sector

Research in Practice offers easy access to MCA learning resources to bring together research evidence and practice expertise from people’s lived experiences.

Social Care Institute for Excellence (SCIE) a useful website which provides Information, guidance, and accredited training for care and health staff to support, protect and empower people who may lack capacity.

NICE (National Institute for Health and Care Excellence) - Decision-making and mental capacity [NG 108] October 2018; Decision making and mental capacity [QS 194] Quality standard August 2020, supplements NG 108. A toolkit for doctors working in England and Wales

College of Policing Mental capacity authorised professional practice for Police Officers