Colleagues working in adult social care face difficult decisions in their work with people – decisions that sit at the intersection of legal responsibility, ethical care, and the complex realities of people’s lives.
When questions around mental capacity arise, the need for confidence, clarity, and compassion in decision-making is vital.
A new suite of six specialist guides have been produced by Burden, Scott et. al to support areas where assessing mental capacity can be particularly complex. Whether working with people who use alcohol or drugs, have Prader-Willi syndrome, or are experiencing domestic abuse, self-neglect or mental health difficulties, these resources are designed to equip professionals with the tools, frameworks, and reflective prompts needed to make informed, legally sound, and person-centred decisions.
Each guide builds on the Research in Practice Mental Capacity Act 2005 decision-making – care, support and treatment: Practice Tool.
What's inside each guide?
Each of the six resources provides:
- A clear breakdown of relevant legislation, including the Mental Capacity Act 2005, Care Act 2014, and where applicable, the Mental Health Act 1983.
- Case law, practice considerations, and examples to illuminate key issues.
- Reflective prompts to support ethical, defensible practice.
- Tools and models, such as decisional balance sheets and the cycle of change model, to support structured, empathetic discussions and interventions.
Explore the topics
Six guides each focus on a specific area:
Learn how alcohol or drug use affects decision-making and executive functioning. This guide promotes trauma-informed, stigma-aware approaches.
(Scott, based on the work of Codling and Kong, with legal input from Skowron, 2025)
Work compassionately with individuals whose self-care practices put them at risk. This guide covers legal duties, the link between trauma and self-neglect, and how to carry out time and decision-specific capacity assessments.
(Scott based on the work of Codling and Kong, with legal input from Skowron, 2025)
Understand the impact of coercive control on mental capacity and learn to apply the Domestic Abuse Act 2021 alongside safeguarding principles under the Care Act 2014. This guide supports ethical, rights-focused responses through multi-agency collaboration.
(Burden based on the work of Codling, Jones and Kong, with legal input from Skowron 2025)
Navigate the unique complexities of supporting people with Prader-Willi syndrome, particularly around eating behaviours and care, support and residential decisions. This guide emphasises nuanced assessments and balancing autonomy with protection.
(Burden based on the work of Codling and Kong, with legal input from Skowron 2025)
Delve into the legal and ethical tensions around informal admission, especially where a deprivation of liberty may occur. The accompanying decisional balance tool (Scott, 2025) helps evaluate care options and record defensible, best interests decisions.
(Scott based on the work of Codling and Kong, with legal input from Skowron 2025)
Gain insight into Community Treatment Orders, the challenges they pose for ethical practice, and their impact on marginalised groups. This guide supports professionals to uphold autonomy and advocate for proportionate, culturally aware interventions.
(Scott based on the work of Codling and Kong, with legal input from Skowron, 2025)
Tools that strengthen practice
In addition to the guides, a decisional balance tool provides structured support in making best interests decisions around mental health hospital admissions and accommodation.
The tool is especially valuable in cases involving fluctuating capacity, executive functioning concerns, or safeguarding dilemmas, offering a practical framework for defensible, transparent decision-making.
Why these resources matter
Social care professionals walk a tightrope between respecting autonomy and protecting people from harm. These guides acknowledge the emotional and ethical weight of that responsibility. They outline legal obligations and support professionals to reflect, question, and grow.
Each guide encourages a rights-based, person-centred, and legally literate approach to practice. They are written by a team of experts, grounded in real-world complexities, and designed to help professionals feel more confident when navigating high-stakes decisions.
Ready to strengthen your practice with legally grounded, reflective tools?
Whether in a practitioner, manager, or educator role, these resources are designed to enhance ethical decision-making and informed practice across complex areas of social care.
