Understanding the Mental Capacity Act: Implications for housing care and support

11th June 2007 Leeds Federated Housing Association, Leeds
14th June 2007 Royal Society of Medicine, London

The Mental Capacity Act 2005 comes into effect in April 2007 introducing a major overhaul of the law relating to individuals who lack capacity in decision making, particularly around changes in accommodation. The Act is a value based, person centred peice of legislation which takes current best practice and case lasw and turns them into a legal obligation, whilst creating new benefits and entitlements. The Act places an obligation on health and social care commissioners to jointly commission advocacy services and has significant implications for the provision of supported housing, care and support services.

Commissioned by the Department of Health, these national events aimed to support delegates to understand the implications of the Act on their work with vulnerable people, and provide essential guidance and practical advice direct from Government, policy makers and practitioners on the implementation of the Act.

This standard presentation from the Care Services Improvement Partnership (CSIP) provides a usefil background to the Act and an overview of its implications.


Next steps

The events highlighted to CSIP and the NHC the very varied level of knowledge and experience of delegates, raising important issues for future implementation support. Delegates with a housing background were keen for more information on how the Act would affect them in situations where people lacking capacity faced changes in tenancy, eviction or court action for anti-social behaviour. What is clear is that where organisations place the needs and wishes of individuals at the heart of decisions, they will go far towards implementation of the Act. The following presentations provide a thought provoking look at the implications of the Act for housing and support.

Julie Coffey and Cate Sheppard from Stonham presented the implications of the Act on service delivery and a useful exercise around a dilemma, which can be used in your organisation as a training exercise.

This presentation from Kofi Sunu, Head of Care and Support at Kush Housing Association provides a summary of the implications of the Act for service commissioning, service delivery, and the promotion of choice and social inclusion.

You may find it helpful to learn from, and network with, local commissioners and providers. Each local authority has a MCA lead responsible for supporting implementation of the Act. They can provide you with details of events and implementation resources in your locality, and can be contacted through your local authority or via the regional MCA leads.

Useful links

In the meantime here are some links to information. If you spot any other resources which visitors to this page would find useful then please send details to Sarah Mtango.

Background information on the Mental Capacity Act, links to the Act, the Code of Practice and supporting documents can be accessed through the Department of Constitutional Affairs.

MCA Briefing Paper written by Denise Gillie from Peter Fletcher associates and CSIP

Turning Point Guidance for Commissioners on the IMCA service

IMCA pilot sites - contact details

Integrated Care Network factsheet and accompanying suite of information sheets which are intended to offer information about the law in relation to those likely to lack capacity concerning arrangements for housing.

The 12-week consultation period in relation to the Mental Capacity Act 2005 deprivation of liberty safeguards draft Code of Practice for England and Wales and draft regulations for England began on 10 September and closes on 2 December 2007.  The consultation documents are available electronically on the Department of Health websites or by clicking ont he link above.   

You can also subscribe to a regular MCA newsletter by contacting makingdecisions@dca.gsi.gov.uk