MCA - Key documents
When Dave Sheppard retired in 2020 he kindly gave me permission to publish the contents of his website (originally named after his firm, "Dave Sheppard Associates", then called "MHAandMCA"). It is a treasure trove. I've not had time to prepare everything for publication but have put the main headings online: let me know if you would like a copy of anything listed.
Mental Capacity Act (external link)
Code of Practice (English): Cod Ymarfer (Welsh)
Regulations (external link)
Court of Protection Rules 2017 (external link)
Court of Protection Rules 2017 - Explanatory memorandum (external link)
Court of Protection: Practice Directions (external link)
Public Guardian practice notes (external link)
Developments
Mental Capacity (Amendment) Act 2019 (external link)
A brief guide to carrying out best interests assessments, 39 Essex Chambers, April 2019
The Government's Response to The Joint Committee on Human Rights 7th and 12th Reports, April 2019
What Makes a Good Assessment of Capacity? British Psychological Society, April 2019
Capacity to consent to sexual relations, British Psychological Society, April 2019
A brief guide to carrying out capacity assessments, 39 Essex Chambers, updated March 2019
Joint Committee on Human Rights - Legislative Scrutiny: Mental Capacity (Amendment) Bill, October 2018
Court of Protection - forms and guidance, HM Courts and Tribunal Service, July 2018 (external link)
The Right to Freedom and Safety: Reform of the Deprivation of Liberty Safeguards, June 2018
National Mental Capacity Forum: Chair's annual report 2017, May 2018
Court of Protection Case Law Directory, Spire Barristers, January 2018
Is Involuntary Placement and Non-Consensual Treatment ever compliant with UN Human Rights Standards?, January 2018
Everyday Decisions project report, Professor Rosie Harding & Dr Ezgi Tascioglu, Birmingham Law School, November 2017 (external link)
Welfare cases in the Court of Protection: A statistical overview, September 2017
National Mental Capacity Forum: Chair's annual report 2016, March 2017
National Mental Capacity Act Competency Framework, Bournemouth University, February 2017
The participation of P in welfare cases in the Court of Protection, Cardiff University, February 2017
Mental Capacity and Ordinary Residence, 39 Essex Chambers, December 2016
Facilitating participation of 'P' and vulnerable persons in Court of Protection proceedings, Mr Justice Charles, November 2016
A matter of life and death, Mr Justice Baker, Oxford Shrieval Lecture, October 2016
A brief guide to carrying out capacity assessments, 39 Essex Chambers, August 2016
Towards compliance with Art.12 in Capacity / Incapacity legislation across the UK, Essex Autonomy Project, June 2016
What happens when I can no longer make decisions for myself?, Office Public Guardian, May 2016 (external link)
OPG's approach to family care payments, Office Public Guardian, May 2016 (external link)
Giving gifts for someone else - A guide for attorneys and deputies, Office Public Guardian, May 2016 (external link)
Care England - Mental Capacity Act Implementation Survey, May 2016
National Mental Capacity forum, SCIE, March 2016 (external link)
Transparency Pilot: Court of Protection, January 2016 (external link) (Internet Archive)
Government response to No voice unheard, no right ignored, Department of Health, November 2015
Valuing every voice, respecting every right: One year on, Department of Health, August 2015
Mental Capacity Act including the Deprivation of Liberty Safeguards - An improvement tool, ADASS, July 2015
Updated detailed response from House of Lords Select Committee, July 2015
Putting the MCA principles at the heart of adult social care commissioning, LGA/ADASS, June 2015
MCA directory, SCIE, June 2015 (external link)
Mental Capacity Act 2005 in Practice - Learning Materials for Adult Social Workers, Department of Health, March 2015
No voice unheard, no right ignored - a consultation for people with learning disabilities, autism and mental health conditions, March 2015
The MCA under scrutiny, Essex Autonomy Project, February 2015
Care providers and the Mental Capacity Act 2005, LGA, Care Providers Alliance and NHS England, January 2015
Gaining access to an adult suspected of being at risk of neglect or abuse, SCIE, October 2014
Achieving CRPD compliance, Essex Autonomy Project, September 2014
Acquired Brain Injury and Mental Capacity, Acquired Brain Injury and Mental Capacity Act Interest Group, September 2014
Mental Capacity Act 2005, and the Convention on the Rights of Persons with Disabilities, Lucy Series et al., June 2014
Valuing every voice, respecting every right - Government response to House of Lords Select Committee, June 2014
House of Lords Select Committee on the Mental Capacity Act, March 2014
Evidence to the House of Lords A-K: L-W
Practice Guidance (Transparency in the Court of Protection), January 2014
Mental Capacity and the Mental Capacity Act 2005 - A literature review, Mental Health Foundation, August 2012
Court of Protection Guidance on tenancy agreements, February 2012
Best interests decision-making under the Mental Capacity Act, Essex Autonomy Project, February 2012
Making best interests decisions: people and processes, Mental Health Foundation, January 2012 also summary; appendices
Vulnerable Adults and the Inherent Jurisdiction of the High Court, Essex Autonomy Project, September 2011
Mental Capacity Act 2005 and Mental Health Act 1983, Essex Autonomy Project, August 2011
International Legal Comparison (MHA/MCA), Essex Autonomy Project, May 2011
The Court of Protection, Essex Autonomy Project, May 2011
Post-legislative assessment of the Mental Capacity Act 2005, Ministry of Justice, October 2010
Reference guide to consent for examination or treatment 2nd edition, Department of Health, July 2009
Best Interests, British Psychological Society, 2008
Training Materials, Department of Health, May 2007 (external link)
Mental Capacity Act 2005, A brief guide for providers of Shared Lives and other community services, March 2005
Guides
Making decisions: About your health, welfare or finances. Who decides when you can't? (OPG601)
Making decisions: A guide for family, friends and other unpaid carers (OPG602)
Making decisions: A guide for people who work in health and social care (OPG603)
Making decisions: A guide for advice workers (OPG604)
Making decisions: The Independent Mental Capacity Advocate (IMCA) service (OPG606)
The Seventh Year of the Independent Mental Capacity Advocacy (IMCA) Service, 2013 - 2014, Department of Health, March 2015
2012 - 2013 : 2011 - 2012; 2010 - 2011 ; 2009 - 2010 ; 2008 - 2009 ; 2007 - 2008
Family Court statistics, Ministry of Justice
2018: Q1 pdf, xls; Q2 pdf , xls : Q3 pdf , xls
2017: Q1 pdf, xls ; Q2 pdf, xls Q3: pdf, xls ; Q4 pdf, xls
2016: Q1 pdf, xls ; Q2 pdf, xls ; Q3 pdf, xls ; Q4 pdf, xls
2015: Q1 pdf, xls; Q2 pdf, xls ; Q3 pdf, xls ; Q4 pdf, xls
2014: Q1, Q2, Q3 , Q4
2013: Q1 , Q2, Q3 , Q4
2012: Q1, Q2, Q3, Q4
2011: Q1, Q2, Q3, Q4
2010: Q1, Q2, Q3, Q4
39 Essex Chambers Mental Capacity Report: compendium
March 2020
February 2020
December 2019
November 2019
October 2019
September 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
November 2018
October 2018
September 2018
Special report: Mental Capacity (Amendment) Bill
July 2018
June 2018
May 2018
April 2018
March 2018
January 2018
November 2017
October 2017
September 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
December 2016
November 2016
October 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
December 2015
November 2015
October 2015
September 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
December 2014
November 2014
October 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October / November 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
August 2010
Office of the Public Guardian Annual Report & Accounts 2017-2018 July 2018
2016-2017, 2015-2016; 2014-2015 ; 2013 - 2014; 2012 - 2013; 2011 - 2012; 2010 - 2011; 2009 - 2010; 2008 - 2009; 2007- 2008; 2006 - 2007
History
The legal vacuum in regard to decision-making for those who lack mental capacity was first highlighted in Decision-making and Mental Incapacity by the Law Society's Mental Health Sub-Committee (as it then was) and a subsequent conference in 1989. This prompted the Law Commission to take up the issue under the active leadership of Professor Brenda Hoggett and the publication of a series of consultation papers:
Mentally Incapacitated Adults and Decision-Making: An overview (Law Commission Report 119 - 1991) ;
Mentally Incapacitated Adults and Decision-Making: A new jurisdiction (Law Commission Report 128 - 1992) ;
Mentally Incapacitated Adults and Decision-Making: Medical Treatment and Research (Law Commission Report 129 - 1993) ;
Mentally Incapacitated and other Vulnerable Adults (Law Commission Report 130 - 1993) ;
Mental Incapacity (Law Commission Report 231 - 1995) .
A Green Paper Who Decides? - Making Decisions on Behalf of Mentally Incapacitated Adults was published by the then Lord Chancellor's Department in December 1997.
In October 1999 the Lord Chancellor published the Government's proposals, Making Decisions , in the light of the 4,000 responses.
A Draft Mental Incapacity Bill , Explanatory Notes and Guide were published in June 2003.
The Bill was scrutinised by a Joint Scrutiny Committee of both Houses of Parliament who received over 1,200 written submissions and heard oral evidence from 61 witnesses. It reported in November 2003.
The Department for Constitutional Affairs published a revised Mental Capacity Bill , Explanatory Notes , Overview (accessible version) and Full Regulatory Impact Assessment in June 2004.
A Draft Code of Practice was published by the Department for Constitutional Affairs in September 2004. A research paper was published in October 2004.
In November 2004, the Joint Committee on Human Rights published their views on the Mental Capacity Bill in Scrutiny of Bills: Final Progress Report and the Department for Consititutional Affairs published their response in January 2005.
DSA archive