Website of the Department of Health

Support for health and social care services

26 September 2007: The Social Care Institute for Excellence (SCIE), the organisation responsible for advancing good practice in social care, and the Department of Health (DH) are commissioning work to support the implementation of the Mental Capacity Act 2005.

• SCIE: Supporting the implementation of the Mental Capacity Act 2005 (opens new window)
• Letter announcing new resources for the health sector for 2007-8 for the implementation of the Act

LAC (2006) 15 annouced resources to enable Councils with Social Services Responsibilities (CSSRs) to:

a) train staff across their Implementation Network to understand the implications of the Act and to act accordingly;
b) commission an Independent Mental Capacity Advocate (IMCA) service to be in place by 1st April 2007, and
c) increase the staff time needed for assessments of capacity and best interests decisions.

A best practice tool has been developed and made available, in the first instance, to statutory organisations and independent and voluntary hospitals to assist them to successfully implement the Act. The DH has supported the setting up of local implementation networks based on the geographical boundaries of councils with social services responsibilities.

• LAC (2006) 15: The mental capacity act and the independent mental capacity advocate (IMCA) service
• Mental Capacity Act 2005: best practice tool
• Mental Capacity Act 2005 - setting up a local implementation network

Support for local implementation projects

In early 2007, following a tendering exercise, the Department of Health funded a number of organisations to develop small projects to support the implementation of the Mental Capacity Act.

Funds were allocated for three purposes:

• raising awareness of the Act
• specialised guidance
• studies of the immediate impact of the Act

A number of events have already been held, specialised guidance will shortly be available and some studies have commenced.

Published guidance documents, or links to them, will be made available, in this section of the website.

If you wish to know more about any of the work the successful organisations are carrying out, or to be put in contact with them, email:

• IMCA@dh.gsi.gov.uk (opens new window)
• Download list of successful bids for supporting the implementation of the Mental Capacity Act - Gateway reference 8306, 23 May 2007 (PDF, 29K)

Publication of training materials

During May 2007 the Department of Health, in partnership with the Welsh Assembly Government and the Social Care Institute for Excellence (SCIE), is publishing five sets of training materials to support the implementation of the Mental Capacity Act 2005.  The five sets (a core set, a mental health set, a residential accommodation set, a community care and primary care set and an acute hospitals set) can be downloaded here.

• Mental Capacity Act 2005: training materials

The Code of Practice

On the 23 April 2007, the Lord Chancellor issued the Mental Capacity Act Code of Practice. The Code is now statutory guidance for those parts of the Act that are in operation - IMCAs in England and those parts of the Act that are specifically supporting their operation, and the criminal offences of ill-treatment or wilful neglect. It is available as best practice guidance and as information prior to the other parts of the Act coming into force in October 2007. The Code is available to download as PDF:

• Code of Practice for the Mental Capacity Act 2005 - in Portable Document Format (opens new window)
• Details of how to obtain hard copies of the Code (opens new window)

Fees for the new Court of Protection and Office of the Public Guardian

On the 30 April 2007. the government published its response to the public consultation on fees for the new Court of Protection and Office of the Public Guardian (OPG), that will be established by the Mental Capacity Act. Both the Court and the OPG are due to commence operation on 1 October 2007. For more information:

• Mental Capacity Act 2005: Court of Protection and Office of the Public Guardian fees (opens new window)

Independent Mental Capacity Advocates

A new statutory independent mental capacity advocate (IMCA) service has been in place in England since 1st April 2007. Guidance on the service’s introduction was issued on 22.2.07 (Gateway Number 7860) and that is available:

• Independent Mental Capacity Advocacy service from April 2007
• Details of those who are now providing the IMCA service are on the IMCA homepage
• A booklet about the IMCA service is available for download, and in hard copy