There is a range of information available online to support matters surrounding the Mental Capacity Act (2005). Many of these resources are free to access and also include accessible guides for those we work alongside. In this blog, we share some of our favourite resources with you to explore.
However, a word of caution: this is by no means an exhaustive list. Case law is changing all of the time, and as it develops, some resources will be more useful than others, while others may become obsolete. As such, I would urge you to see this list as a starting point for your journey to understanding the Mental Capacity Act and its many implications. No resource should be taken at face value, and I would always strongly recommend you engage in your own wider reading to further support your understanding of the Act and how it applies in your context.
Free resources
This fantastic resource is provided by Barrister Alex Ruck Keene, Honorary QC. Not only does it provide an accessible and informative selection of ‘Shedinars’, but further delivers blogs, resources and guides that span across the Mental Capacity, Mental Health, Law and Policy. All of which I highly recommend.
This is a new website that was launched through the Mental Health and Justice Project. It is a site that I am still exploring, but I am really impressed by the information available. Capacity guide has been targeted at Health Care Professionals in England and Wales, but I would suggest it would be a highly useful tool for other areas of practice across the board. I believe it will be an incredible tool to be utilised regularly across healthcare, strongly encouraging any to delve into this website and see for yourselves.
- Mental Health Act book and wall chart | BooksWise Publications Ltd and Mental Capacity Act Resources | Edge Training
These two sites are interlinked through the free resources they provide on going into each sub section in the tabs. They have user friendly summaries of case law, jargon busters, what the MCA is and much more.
Here we have another great resource that provides up to date case law, newsletters, guidance, webinars and in-depth pieces on the Mental Capacity Act and related areas. It has been a reliable and in-depth source of knowledge for a range of practice situations, including considering the topic of Fluctuating Capacity amongst others.
- Liberty Protection Safeguards factsheets – GOV.UK (www.gov.uk) and Mental Capacity Act 2005 (legislation.gov.uk)
It would be remiss of me not to highlight and relate back to the origins of law for the MCA. Therefore, here are the links to governments legislation and related factsheets for the Mental Capacity Act and upcoming changes. When in doubt, always come back to the legal requirements, taking account of subsequent amendments, case law and contextual factors.
For a long time, SCIE was my first point of call while establishing my foundations in what the Deprivation of Liberty Safeguards are in practice, and remain a solid ground to dip back into in areas surrounding the MCA. Now, it is more the focal point of keeping up to date with the Mental Capacity Forum, discussion pieces and updates. It is certainly a reliable starting point for those new to this area of practice. Further providing paid courses available to expand knowledge.
This is a useful site, with active forums, case law and resources available.
I am increasingly using this website as a source of thought-provoking blogs, commentaries and general information.
- Mental Health, Mental Capacity and Human Rights – practitioner toolkits | British Institute of Human Rights (bihr.org.uk) and Reducing-Restrictive-Practices-Checklist.pdf (restraintreductionnetwork.org)
As an advocate, this is a very useful website that relates back to human rights legislation. This website alongside the restraint reduction network are a good point of call in everyday practice, keeping us focused on what is an individual’s Best Interest, while also keeping to the five core principles of the MCA.
I was introduced to the Open Court of Protection Project on attending one of Kate Mercer’s Blackbelt Advocacy conferences. This is a wonderful initiative that facilitates greater understanding of the legal system, highlight opportunities to observe Court of Protection Cases, helping to demystify the system to those less familiar. Not only this, but publishing blogs that reflect on cases completed supporting information sharing regarding Case Law, Challenges within the System and Best Practice.
- Mental capacity – GMC (gmc-uk.org)
- bma-mental-capacity-act-toolkit-2016.pdf
- Mental Capacity Toolkit – NCPQSW
- Decision-making and mental capacity (nice.org.uk)
- mental capacity act resource pack_1.pdf (mencap.org.uk)
Many charities and organisations provide toolkits that contain useful information around the Mental Capacity Act and its applications. However, do be sure to check these alongside updates to case law.
Easy-read guides
Finally here are some of easy-read guides designed for the people we work with. Please do read through these guides before sharing with individuals to make sure they are correct and up to date, and that they meet the needs of the individual.
- Easy Read Questionnaires – Easy-Read-Online Limited
- Deprivation of Liberty Safeguards and you – Easy Read (scie.org.uk)
- Coronavirus (COVID-19) Accessible Easy Read Information About Self-Isolating, Social Distancing and Face Coverings or Masks | Mencap
- MH-CoP-Decisions-for-you.pdf (www.nhs.uk)
- Mental Capacity Act 2005: An easy read guide (lsab.org.uk)
- Mental Capacity (Amendment) Bill: easy read – GOV.UK (www.gov.uk)
- Mental Capacity Act 2005 Summary – Easy Read (thh.nhs.uk)
- ld_safeguarding_resource.pdf (richmond.gov.uk)
- What is NHS Continuing Healthcare? – Easy Read Guide | NHS Bristol, North Somerset and South Gloucestershire CCG (bnssgccg.nhs.uk)
- Everyday Banking: An easy read guide (fca.org.uk)
- Easy read leaflets | CWP