Information for those working in a statutory agency such as Somerset Council, the NHS or Police.
Somerset Mental Capacity Act competency framework – The Framework has been developed by health and social care organisations across Somerset for staff whose work involves assisting people who have difficulties with decision making. The framework is to be reviewed in the autumn of 2024. The framework sets standards for the knowledge and skills expected of staff according to their level of responsibility. It is useful for assessing the training needs of individual workers and staff teams.
The MCA legislation itself – Mental Capacity Act 2005 (legislation.gov.uk)
Code of Practice to the MCA, 2005 – Mental-capacity-act-code-of-practice.pdf (publishing.service.gov.uk)
Social Care Institute for Excellence (SCIE) – Mental Capacity Act (MCA)
Assessing financial capacity- assessing-capacity-financial-decisions-guidance-final.pdf (empowermentmatters.co.uk)
Capacityguide.org – This Capacity Guide is specifically, for those working in health or social care, a useful guide to understanding mental capacity including some of the more challenging aspects such as fluctuating capacity.
Bournemouth University MCA toolkit – Mental Capacity Toolkit
Mental Capacity Act resources for health decisions
British Medical Association – bma-mental-capacity-act-toolkit-2016.pdf and mental-capacity-act-england-and-wales.pdf (bma.org.uk) gives information on consent to treatment and mental capacity.
Consent to treatment – Assessing capacity – NHS (www.nhs.uk)
Introduction to Mental Capacity Act for clinical treatment and care – Introduction to MCA for clinical treatment and care (Bournemouth Uni).pdf
Consent for medical treatment flow chart – Legal framework for treatment (adults).pdf
Deprivation of liberty – Full Deprivation of Liberty Guidance.pdf
Identifying Deprivation of Liberty – Deprivation of Liberty Safeguards (DoLS) at a glance – SCIE a Law Society guide – March 2024
Deprivation of liberty for 16 and 17 year olds – Dols – Court of Protection Application July2022.pdf
Somerset Council Deprivation of Liberty Safeguards (DoLS) Team
If you need to contact the Deprivation of Liberty Safeguards (DoLS) Team about an application or for advice about a deprivation of liberty matter, please email the team at dolsinformation@somerset.gov.uk
This mailbox is constantly monitored on all weekdays apart from Bank Holidays.
Liberty Protection Safeguards (LPS)
The Mental Capacity (Amendment) Act 2019 established a new scheme known as the Liberty Protection Safeguards (LPS) to replace the current Deprivation of Liberty Safeguards (DoLS) and CoP Deprivation of Liberty schemes. Its implementation has been delayed several times and currently (June 2024) has no scheduled date. It will be for the new government after the General Election of July 2024 to make a decision about this, but it is not expected that the scheme will be implemented for the foreseeable future.
The existing schemes (Deprivation of Liberty Safeguards (DoLS) for hospitals and care homes, Court of Protection Deprivation of Liberty for any other setting) remain unaltered at June 2024.
Keeping up with mental capacity case law
Alex Ruck Keene – Mental Capacity Law and Policy is an excellent resource providing explanation and commentary upon developments in the Courts.
39 Essex Chambers mental capacity guidance – Mental Capacity Guidance Notes | 39 Essex Chambers provides guidance about assessment mental capacity, making best interests decisions and a range of other MCA matters.
Edge Training – case law sheets
- DoLS Resources | Edge Training
- Mental Capacity Act Resources | Edge Training
- Mental capacity case law summary sheet
- DoLS case law summary sheet
- Mental Health Act and Mental Capacity Act case law summary sheet
Somerset Safeguarding Adults Board – Somerset Safeguarding Adults Board website