Mental Capacity Act (MCA)
Local Policies and Procedures
The following local policies and guidance also provide information for practitioners:
- WSAB Mental Capacity Act and Deprivation of Liberty Competency Framework
- WSAB Best Interest Decisions Meeting Guidance
- Mental capacity Guidance for Staff
Further information on Deprivation of liberty Safeguarding (DoLs) , including how it is applied locally can be found on the following page
Worcestershire County Councils Deprivation of Liberty Safeguards (DoLS) website page
The WSAB have produced podcasts and webinars which can help to develop practitioner’s knowledge and awareness of how to apply the MCA. These can be found via the link below and include advice on application of the Mental Capacity Act and making Best Interest Assessments, along with a podcast on
- Understanding Executive Function: Link to WSAB resources website page
Transition from Children’s Services to Adult Services
The following page provide advice and resources for those working with young people who are transitioning from children’s services to adult services. Alongside links to a toolkit and information page, it identifies learning from Safeguarding Adults Reviews on the application of the Mental Capacity Act legal framework, which should be applied when a person becomes 18 and has a link to some local podcast which have been developed to provide further information on this.
Link to WSAB webpage on Transition
National Publications and Resources
This thematic review of South West Safeguarding Adult Reviews (SAR) looks at practice issues identified in relation to the Mental Capacity Act 2005. Over-arching themes were identified in relation to omission of completing mental capacity assessments when one is indicated, executive function, misapplication of the Act, safeguarding and risk management, and specific concerns in relation to care providers and
health settings.
adass Thematic Review of SARs – Mental Capacity August 2023
Essex Chambers have published two MCA guidance note in May 2025.
- Mental Capacity Guidance Note: Best Interests | 39 Essex Chambers
- Mental Capacity Guidance Note: Assessment and Recording of Capacity | 39 Essex Chambers
These provide social workers and those working in front-line clinical settings an overview of the law and principles relating to the assessment of capacity. the focus is on
- how to apply the MCA 2005 principles when assessing capacity; and
- how to record your assessment, primarily in the context of health and welfare decisions.
Herbert Protocol
The Herbert Protocol is a national scheme used by Police and other agencies which encourages carers to compile useful information that could be used in the event of an adult going missing. The Herbert Protocol is a form that carers, family or friends of a vulnerable person, or the person themselves can fill in. Information on West Mercia Police forms can be found via the link below
West Mercia Police Herbert Protocol
Norfolk Safeguarding Adults board produced the a useful Herbert Protocol animation video which shows how the Herbert Protocol can be applied.
Local Safeguarding Adults Reviews (SARs)
A number of local SARs have identified learning in relation to the application of the Mental Capacity Act.
A page with details of theses SARs can be found by following the link below:
Local Resources
The WSAB have produced a number of podcasts to support practitioners understanding of the Mental Capacity Act, making Best Interest decisions and understanding executive function. They can be found by following the link below: