Navigating complex mental capacity decisions in social care: Practice Guides and tools (2025)
Introduction
This suite of resources consists of seven specialist guides that each address an area of practice in which social care professionals might need to consider mental capacity. Supporting practice in complex areas, whether working with people who use alcohol and other drugs, have Prader-Willi syndrome, or are experiencing domestic abuse, self-neglect or mental health difficulties.
Each guide builds on the guidance set out in Mental Capacity Act 2005 decision-making – care, support and treatment: Practice Tool, also published by Research in Practice.
The guides support readers with key learning in each specific area, presenting relevant legislation, context, case law, practice considerations and reflective prompts.
The seven specialist guides focus on:
- Supporting people who use alcohol or other drugs.
- Supporting people who self-neglect.
- Supporting people experiencing domestic abuse.
- Supporting people with Prader-Willi syndrome.
- Restrictive and controlling interventions.
- Informal admissions to hospital for mental health care.
- Community treatment orders.
In addition to the guides, two decisional balance tools provide structured support in:
- Assessing how alcohol and other drug use affects a person’s ability to weigh and use information.
- Making best interests decisions around mental health hospital admissions and accommodation.
Professional Standards
CQC - Safe | Effective | Caring | Responsive
PCF - Values and ethics | Rights, justice and economic wellbeing | Knowledge | Critical reflection and analysis | Intervention and skills
RCOT - Service users | Identify needs | Support development
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Mental Capacity Act 2005 decision-making – care, support and treatment: Practice Tool (2021)
This Practice Tool aims to support the practical application of the Mental Capacity Act 2005 across health and social care. It provides information about the legislative context alongside practice examples and tools that can be used by practitioners when working with people who may lack capacity.
Mental capacity, intimate relationships and adult safeguarding: Frontline Briefing (2022)
Safeguarding adults who may be experiencing abuse or neglect in emotionally or physically close relationships can present practitioners with complex ethical and decision-making challenges. This frontline briefing explores the law in the context of supporting adults who have care and support needs with intimate relationships, where there are also concerns about abuse or neglect.
The inherent jurisdiction of the High Court: Practice Guidance (2020)
This resource aims to support health and social care practitioners, including those who work in adult safeguarding, to understand, and identify the circumstances in which it might be appropriate to seek orders under, the inherent jurisdiction.