The Toolkit

These materials have been created to help support health and social care professionals working with individuals whose decision-making capacity is limited, fluctuating, absent or compromised. Demographic changes mean there are increasing numbers of people living with conditions which may impact on their decision-making capacity, and as such it is vital that professionals are confident in their understanding use of the Mental Capacity Act 2005. This tool brings together information from a range of professionals working in the field of mental capacity to provide a comprehensive guide to practice. It is part of a wider research project funded by the Burdett Trust for Nurses.

PLEASE NOTE – References to the definition of Deprivation of liberty within this toolkit do not currently take account of the recent Supreme Court decision in A Reference by the Attorney General for Northern Ireland of a devolution issue under paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 [2026] UKSC 16 which has overruled the 2014 decision in the so-called Cheshire West case. The toolkit will be updated in due course.