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Housing LIN > Resources > Topics > Dementia > Legislation > Mental Capacity Act The Mental Capacity Act 2005 clarifies the legal position of those providing help or services to people who may lack the capacity to take certain actions or decisions for themselves. It defines key principles which must be applied: presumption of capacity; supporting individuals to make their own decisions; freedom to make unwise decisions; always acting in the person's best interests; and using the least restrictive option. The Act provides a test to assess someone's capacity to make a particular decision.

It also provides mechanisms such as Lasting Power of Attorney and advance decisions which help individuals retain control in the event of future loss of mental capacity.

And if you or your organisation require training, we have teamed up with 360 Degrees Training to exclusively offer an extremely inter-active course, covering all that staff need to know in respect of working with people who might, at some time in their lives, lack capacity. Learn more at: Introduction to the Mental Capacity Act 2005 or email us at: email@example.com (opens new window).

Resources listed below are split between 'General MCA information' and 'Housing specific MCA information'

General MCA information

Briefing on the Law Commission Mental Capacity and Deprivation of Liberty report

This briefing is based on the Law Commission report no: 372, Mental Capacity and Deprivation of Liberty which makes recommendations following extensive consultation on these matters in 2015. The briefing provides an ‘at a glance’ look at the key proposals for amending the Mental Capacity Act and replacing the Deprivation of Liberty Safeguards.

Mental Capacity and Deprivation of Liberty - new Law Commission report

This report recommends the replacement of the current Deprivation of Liberty Safeguards with a new regime called The Liberty Protection Safeguards for people who lack the mental capacity to consent but need to be deprived of their liberty for the purpose of care treatment.

Mental Health, Mental Capacity and Human Rights: A practitioner's guide

The British Institute of Human Rights, a charity working to support organisations to use human rights to improve health and care services has published this booklet. It is about human rights in services...

A carer's guide to the Mental Capacity Act

Sitra, The Carers Trust and Care Charts UK designed this booklet to provide support and guidance about decision making for carers of people living with dementia. This booklet has used the experience...

Promoting less restrictive practice - Reducing restrictions tool

This Local Government Association tool is to assist practitioners to identify restrictions which may not always be evident and to assist them in considering less restrictive alternatives in line with...

Using the Mental Capacity Act

This SCIE video explains the MCA and how it can protect the right to make choices. It explains how the Act is relevant to everyone, whether as individual citizens, carers or paid employees.

Starting the Conversation: Planning ahead for your future treatment and care

This practical booklet by Compassion for Dying aims to support you to talk about one's wishes for care and treatment with your family, friends and doctor; in particular, to help make informed decisions,...

Mental Capacity Act and Code of Practice

The Act This is the Mental Capacity Act 2005 itself. Section 4 of the Act was added to in the Mental Health Act 2007 to introduce safeguards for people being deprived of their liberty for the purpose...

Guide to carrying out capacity assessments

Published in July 2015, this guide on carrying out capacity assessments was written by 39 Essex Street Chambers, highly respected authorities in the area of law as it relates to mental capacity. Sometimes...

Guidance to support advocates in challenging decisions or actions with or on behalf of individuals

Published in July 2015, this Guidance commissioned by VoiceAbility provides detailed information on the spectrum of methods to resolve issues including: Taking an informal approach to challenge; when...

Housing specific MCA information

Ordinary residence guide: Determining local authority responsibilities under the Care Act and the Mental Health Act

This LGA guide is applicable to all adults whose care is commissioned in an area that is different from where they hold ordinary residence, including those whose services are governed by the Mental Health Act.

Mental Capacity Act for the housing sector

This presentation given by Sue Garwood in September 2014 outlines the fundamentals of the Mental Capacity Act as it relates to the housing sector.

Mental Capacity Act and tenancies

Court of Protection Guidance The Association of Public Authority Deputies (APAD), and other court users have asked the court to issue guidance about applications in relation to signing or terminating...

Assessment of Capacity to understand and sign a Tenancy Agreement

This form can be used by housing providers to assess whether a prospective tenant has the mental capacity to understand and sign a tenancy agreement. It is based on the test of capacity from the Mental...

Housing provision & the Mental Capacity Act - 2005

This Housing LIN Factsheet No20 and information sheets explain the Act's provisions and their relevance to those likely to lack capacity concerning arrangements for housing

The Mental Capacity Act and Supported Housing - training set

This set of three presentations and case studies used in joint Housing LIN/CSHS training summarises provisions of the MCA as they related to providers of supported housing and explore some of the issues.... 

Paul Watson, Managing Director at Guinness Partnership