This guide explains the potential overlap between the Mental Capacity Act 2005 and the Children Act 1989 and the circumstances in which each could apply and looks at the difference between decision making for under-16s and 16- to 17-year-olds.
The issue of consent to sexual relations and marriage is often a dilemma for practitioners. Case law provides guidance and this guide looks at implications for practice, including why both situations are "act specific" and not "person specific".
How to recognise when a child accommodated by a local authority could be being deprived of their liberty and the legal routes to authorise a deprivation of liberty.
Looks at the key steps behind making a best interests decision on behalf of someone you have assessed as lacking the relevant capacity to make the decision.
Sets out the principles behind the Mental Capacity Act and the steps that must be taken to ensure you are legally compliant when carrying out a mental capacity assessment.