Mental Capacity Guidance Notes


This guidance note sits alongside our guidance note on carrying out and recording capacity assessments, and is designed to assist social workers and those working in frontline clinical settings when they asked to consider a person’s capacity to make ... Read more  

Mental Capacity Guidance Note - Inherent Jurisdiction

This guidance note provides for social workers and those working in front-line settings an overview of the inherent jurisdiction of the High Court as it applies to adults.It sets out (a) when it is appropriate to seek to obtain orders from the High C... Read more  

Judicial Deprivation Liberty Authorisations

This guide provides guidance as to the process for applying for judicial authorisation of deprivation of liberty, including the requirements set down in the COP DOL11 form.  It was last updated in July 2022.To read the guidance note, please click her... Read more  

Guidance Note: Capacity and Housing Issues

  This guidance provides social workers and those working in front-line settings an overview of the interaction between mental capacity and housing law, including relation to homelessness, possession claims, tenancies and licences, and in the contex... Read more  

Mental Capacity Act/ DOLS Codes of Practice Update

Professionals have to have regard to the Codes of Practice to the Mental Capacity Act 2005.   However, they can – and should – depart from them where they have been superseded by case-law which makes clear what the Act itself, the source of the law m... Read more  

New 39 Essex guidance note on deprivations of liberty for those under 18

The former Children's Commissioner for England has identified a growing number of "locked up" children who do not appear in official statistics whilst an ongoing national shortage of appropriate secure accommodation and registered children's homes ha... Read more  

Mental Capacity Guidance Note: Assessment and Recording of Capacity

This purpose of this document is to provide for social workers and those working in front-line clinical settings an overview of the law and principles relating to the assessment of capacity. Its focus is on (a) how to apply the MCA 2005 principles wh... Read more  

Guidance Note: Vaccination and Mental Capacity

The Court of Protection team has been asked to advise on a number of occasions as to the legal position in relation to vaccination for COVID-19.  They have prepared, and regularly update, a guidance note which is general discussion, as opposed to leg... Read more  

Guidance Note: Fluctuating Capacity in Context - December 2021

Fluctuating capacity can be a difficult concept to apply. We provide guidance about it in our guidance note on capacity, available here. The purpose of this short note is to help put the question in its wider context. Read more  

Mental Capacity Guidance Note: Best Interests

This guidance note provides those who have to consider best interests with an overview of the relevant law and principles. Its focus is on: (a) how to apply the MCA 2005 principles when assessing best interests; and (b) how to record your assessment,... Read more  
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