The Mental Capacity Act 2005
A Guide for Practice

Third Edition

Robert A. Brown - Bournemouth University, UK
Paul Barber
Debbie Martin

Series:
Post-Qualifying Social Work Practice Series

Courses:
Social Policy

October 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.

Available Formats

ISBN: 9781446294215	Paperback	Suggested Retail Price: $59.00	Bookstore Price: $47.20
ISBN: 9781446287262	Hardcover	Suggested Retail Price: $177.00	Bookstore Price: $141.60
ISBN: 9781446299227	Electronic Version	Suggested Retail Price: $53.00	Bookstore Price: $42.40

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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

Research

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

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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

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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.

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A Guide for Practice

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