1. Introduction and Purpose
1.1 This policy relates to the Mental Capacity Act 2005. It has been developed to outline how the organisations will meet their statutory requirements under this Act
1.2 This policy has been produced as a joint document between Devon County Council (DCC) and Torbay and South Devon NHS Foundation Trust (TSDFT)
1.3 The purpose of this policy is to ensure that each Organisation has systems and quality assurance processes in place to comply with the MCA 2005.
1.4 This policy must be adhered to within all levels of DCC and TSDFT.
1.5 DCC and TSDFT will be individually responsible for the implementation and resource pathways relating to the statutory requirements set out in this document.
1.6 It is recognised that DCC and TSDFT may have to develop some further specific MCA procedures and guidance to meet the needs of their particular context and function. This should be done within the framework of this overarching policy.
1.7 This policy is not practice guidance. Staff should adhere to the guidance contained in the Mental Capacity Act Code of Practice, and any associated local practice guidance.
1.8 All DCC and TSDFT staff are directed that the MCA code of Practice must be read in conjunction with both this policy and all relevant practice guidance tools / resources contained within the organisational resource areas.
1.9 Mental Capacity Act Practice tools / resources and other related information can be found here Home – Devon Safeguarding Adults Partnership.
2.1 The Act and therefore this policy generally applies to people aged 16 years and over with the exception of children aged less than 16 years who lack capacity and will continue to lack capacity in relation to their property and financial affairs when they reach 18 years of age.
3. Roles and Responsibilities
3.1 Each Organisation is responsible to ensure that MCA is considered at a strategic level.
3.2 The policy applies to MCA portfolio holders and Commissioners, both within DCC and TSDFT, to ensure:
- Staff will be provided with up to date and relevant policy and practice guidance.
- Staff across the organisation have the correct skills, knowledge and tools to implement the Act and undertake their duties in accordance with the guidance contained within the associated Code of Practice, and locally agreed practice guidance documents.
- Staff within each organisation will have access to legal advice and support where necessary.
- The provision of an Independent Mental Capacity Advocate service is available.
- There are robust governance, audit, and quality assurance processes in place.
4. Independent Mental Capacity Advocate (IMCA)
4.1 Section 35 of the Mental Capacity Act (2005) identifies the statutory responsibilities to provide access to a commissioned Independent Mental Capacity Advocate Service.
4.2 DCC and TSDFT will undertake to procure, monitor and review the arrangements in place to meet this statutory requirement.
4.3 DCC and TSDFT will undertake to jointly hold regular contract monitoring meetings with the IMCA provider on a quarterly basis, as a means of providing a level of scrutiny and quality assurance.
5.1 Both DCC and TSDFT will be individually responsible for the provision of a comprehensive MCA/DoLS training strategy.
5.2 The training strategy will provide all staff with the opportunity to attend a level of training that is commensurate with their role within the Organisation. The MCA Training strategy will incorporate a variety of blended learning.
5.3 There will be an expectation that all Managers within each organisation will be familiar with the MCA Training strategy and ensure that all staff within their teams are provided with the opportunity to attend the appropriate level of training which will be identified within Supervision sessions or organisational equivalents.
6. Public Awareness
6.1 DCC and TSDFT will ensure that an up to date and relevant MCA dedicated web page is available to the public, which can be accessed at: –
Devon & Torbay: https://new.devon.gov.uk/devonsafeguardingadultsboard/
7. Monitoring Auditing Reviewing and Evaluation
7.1 Each organisation has a responsibility to ensure that robust governance and quality assurance pathways are in place, alongside reporting processes to the relevant health or social care boards.
7.2 Within each organisation there will be identified MCA portfolio holders to oversee and report on compliance to the Boards.
- Mental Capacity Act 2005
- Mental Capacity Act 2005 Code of Practice
|Date of Issue||7/5/2013|
|Last review date||20/6/23|
|Next review date||June 2026|
|Authors||Nicky Griffin and Sandra Geary|
|Approval Route||Mental Capacity Act Sub-group to the Safeguarding Adult Board, Safeguarding Adult Board, Care and Clinical Policy Group|
|Approved by / date||MCA Sub Group / 13/5/2013
Safeguarding Adult Board
Care and Clinical Policy Group / 22/01/2014
|Links or overlaps with other strategies/policies||Deprivation of Liberty Safeguards policy
Mental Capacity Act Practice Guidance
Best Interest Meeting Guidance
|Issue||Status||Date||Reason for Change||Authorised|
|V1||Draft||7/5/2013||3 year review of Policy||SOR/NG|
|V2||Draft||30/6/2017||3 year review||SG/NG|
|V3||2/2/20||3 year review||PG|
|V4||20/6/23||3 year review||SG/JB/NG|