In 2007 The Mental Capacity Act came into effect providing a new statutory framework for decision making. This book is a practical guide to working within the requirements of the Act, identifying situations where staff will need to be familiar with the Act and Code of Practice and providing checklists and exercises to help people to ensure compliance with the new requirements. This edition also includes the complete text of the Deprivation of Liberty Safeguards and will be of immense value to Best Interest Assessors.
Table of Contents
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 Appendices References Index
Robert Brown is a social worker and a Director of Edge Training and Consultancy Ltd. He provides refresher training for AMHPs and helps to train Section 12 Approved Doctors and Approved Clinicians in South West England and Wales. He provides consultation and supervision services to Cornwall, Guernsey, Hampshire, Jersey and Reading. Rob has published widely in the field of mental health and mental capacity law; co-authoring The Mental Health Capacity Act 2005: a Guide to Practice as well as Mental Health Law in England and Wales. He was a Mental Health Act Commissioner from 1992-2010. Prior to that, Rob worked as a Mental Health Welfare Officer and then an Approved Social Worker with Hampshire County Council. He has been a lecturer at Southampton University, Stirling University and Croydon College. Rob is a Visiting Fellow at Bournemouth University and was a finalist in the British Social Work Awards 2013, Lifetime Achievement category. Paul Barber qualified in 1976. Until December 2003 he was a partner at Bevan Ashford Solicitors (now Bevan Brittan) where for many years he led the firm's NHS Litigation Department, increasingly specialising in the field of Mental Health and Human Rights law. He is now a Consultant to the firm and a freelance trainer and lecturer. He is extensively involved in training Approved Social Workers and lecturing on Section 12 Approval courses for doctors. He also provides training for the Mental Health Act Commission and numerous NHS Trusts and Health Authorities. Debbie Martin is Unit Leader and lecturer on the new Approved Mental Health Professionals course in South West England. She currently practices as an Approved Mental Health Professional in Wiltshire and has worked as a social worker and mental health manager in Manchester. Debbie also teaches on section 12 Approval courses for doctors and provides training for the Mental Health Act Commission and various NHS Trusts, Health Authorities and Local Authorities.