Mental Capacity Act and Code of Practice

The Act (opens new window)

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 of care or treatment.

The code of practice (opens new window)

Paid staff have a formal duty to have regard to the code. This means that although they do not have a legal duty to comply with it, they should do so unless there are good reasons for not doing so. It provides information and guidance on implementing all sections of the Act.

SCIE MCA resources (opens new window)

SCIE has developed a website specifically devoted to material relating to the Mental Capacity Act

Office of the Public Guardian (opens new window)

The Office of the Public Guardian (OPG) protects people in England and Wales who may not have the mental capacity to make certain decisions for themselves, such as about their health and finance.

OPG is an executive agency, sponsored by the Ministry of Justice

Court of Protection

The Court of Protection makes decisions on behalf of people who lack capacity to make them for themselves