Mental Capacity and Decision Making
Practice area
Mental Health & Mental Capacity
BASW-approved CPD tools for mental health social work and Mental Capacity Act practice — covering capacity assessments, best interests decisions, AMHP practice and working with mental health complexity in adult social care.
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What this practice area supports
Mental health and mental capacity practice sits at one of the most complex intersections in adult social care. Practitioners need to hold the nuance of mental health complexity alongside a clear understanding of the Mental Capacity Act, to carry out robust capacity assessments, and to make best interests decisions that genuinely reflect the person at the centre of their care.
The DCC-i Mental Health & Mental Capacity pillar provides interactive CPD tools, decision-support resources and training materials for social workers, AMHP practitioners, Best Interests Assessors and social care professionals working with adults experiencing mental health challenges. Resources are grounded in the Mental Capacity Act 2005, the Mental Health Act 1983 (as amended), and current best practice guidance.
What this pillar covers
- Mental Capacity Act 2005 — the five principles and their application
- Capacity assessment: process, recording and defensible decision-making
- Best interests decision-making under the MCA
- Deprivation of Liberty Safeguards and Liberty Protection Safeguards
- Mental health complexity and working with fluctuating capacity
- AMHP practice: assessments, applications and professional accountability
- Trauma-informed approaches in mental health social work
Who this CPD is for
These resources are designed for qualified social workers, Approved Mental Health Professionals (AMHPs), Best Interests Assessors (BIAs), community mental health practitioners, social care support workers and team managers working across community mental health, inpatient settings, local authority care management and independent sector provision.
Supporting AMHP and BIA programmes
DCC-i runs specialist CPD programmes for AMHPs and BIAs, including structured peer supervision, critical analysis and reflective practice resources. These sit within the broader Mental Health & Mental Capacity pillar and are used by AMHP leads, local authority workforce development teams and NHS mental health trusts across the UK. All programmes are BASW-approved.
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58 items · 16 tools · 42 resources
AGNI practice triangle guide
AGNI scenario decision tool
AGNI: Mixed Classification Practice
Critical Reflection Hub
Find Milo: AGNI Edition
Mental Health Act 2025 Hub
Milo’s AGNI Legal Link-Up
Milo’s AGNI Legal Link-Up
Milo’s AGNI Legal Link-Up
Milo’s MCA Logic Grid Puzzle
Milo’s What in the Word? AGNI Edition
swe-reflection-record
What in the Word! — AGNI Cryptic Edition
What in the Word! — AGNI Word Search
What in the Word! — MCA & DoL Crossword
A broad ethics model for mental health practice
This article presents a comprehensive ethical framework for mental health practice, expanding traditional principles to include considerations such as science, law, assessment and the wider system influencing decision-making. It emphasises that ethical practice is dynamic, reflective and embedded in every stage of professional work, supporting practitioners to navigate complex dilemmas through informed, balanced and context-sensitive judgement.
AMHP Practice Following Referral for a Mental Health Act Assessment in England and Wales
An academic publication of Simpson’s doctoral research examining AMHP practice at the referral stage, emphasising strengths-based approaches, multi-agency collaboration, and the development of triage processes to improve decision-making and reduce unnecessary detention.
AMHP Practice Following Referral for a Mental Health Act Assessment in England and Wales
A research study exploring Approved Mental Health Professional (AMHP) decision-making at the point of referral for a Mental Health Act assessment, highlighting the importance of early assessment, risk analysis, and creating time to pursue less restrictive alternatives to detention through collaborative and person-centred approaches.
AMHP Refresher CPD Resource Pack: July 2026
A practice-facing AMHP refresher with legal updates, case-law prompts, recording guidance and reflection questions for individual or team CPD.
AMHP Work Dirty or Prestigious Dirty Work Designations and the Approved Mental Health Professional
This paper examines the role of Approved Mental Health Professionals (AMHPs), focusing on the tension between the perceived prestige and the ‘dirty work’ aspects of the role. It explores how AMHPs balance legal responsibilities, emotional labour, and ethical decision-making when considering compulsory admissions under the Mental Health Act. The study emphasises reflective practice, professional identity, and the complexity of working within systems that require both care and control. [amhp-work-...rriss-2016 | PDF]
Approved Mental Health Professional (AMHP) National Service Standards
Approved Mental Health Professional National Service Standards
This toolkit sets out national service standards for Approved Mental Health Professionals and provides a structured framework to evaluate, map, and improve AMHP services. It focuses on governance, workforce support, multi-agency collaboration, professional development, and service-user experience, enabling organisations to assess current practice, identify risks, and plan improvements to ensure safe, effective and consistent mental health service delivery. [approved-m...s-nhs-2020 | PDF]
Approved Mental Health Professionals Experiences of Moral Distress
This research explores the experiences of Approved Mental Health Professionals (AMHPs) dealing with moral distress in practice, particularly when their professional values conflict with organisational pressures, resource limitations and legal responsibilities. It highlights the emotional and ethical challenges of decision-making under the Mental Health Act, the impact of austerity and systemic constraints, and the importance of advocacy, relational practice and professional identity. The study offers valuable insight into reflective practice, ethical dilemmas and the realities of frontline mental health work.
Assessing and determining mental capacity - Updated
This version reinforces the same guidance on assessing and determining capacity, focusing on applying the MCA principles in practice, carrying out functional assessments, and ensuring decisions are evidence-based and person-centred. It also covers challenges such as fluctuating capacity, communication difficulties, and ensuring assessments are properly recorded.
Assume vs Presume Capacity Briefing
A quick, practical briefing on Principle 1 of the Mental Capacity Act and the difference between assuming capacity and passively presuming it.
Best Interests Assessor Briefing: MCA, DoLS and Court of Protection Update
A practical refresher for Best Interests Assessors, bringing together recent legal developments, practice implications, recording priorities and a short knowledge check.
Cultural Diversity and Mental Health: Considerations for Policy and Practice
A research-based paper examining how cultural differences influence mental health experiences, help-seeking behaviours, and service provision, emphasising the need for culturally responsive, holistic and partnership-based approaches in practice.
December Fluctuating capacity in context
Guidance document exploring the concept of fluctuating mental capacity within legal and health and social care contexts. It outlines how capacity can change over time and how this impacts consent, decision-making, and professional responsibilities under the Mental Capacity Act 2005 and human rights law. The resource examines risks associated with misidentifying capacity, emphasising the need for careful assessment, contextual understanding, and appropriate legal or professional responses. [december-f...mbers-2021 | PDF]
Decision-making and mental capacity
A national guideline providing evidence-based recommendations for supporting decision-making, assessing mental capacity, and making best interests decisions in line with the Mental Capacity Act 2005, with a strong focus on empowerment and person-centred practice.
Deprivation of Liberty: What Changes after Cheshire West?
A 7-minute practitioner briefing on the Supreme Court judgment in UKSC/2025/0042 and its implications for deprivation of liberty practice after Cheshire West. It explains why continuous supervision and control plus not being free to leave is no longer sufficient on its own, and explores valid consent, wishes and feelings, practical recording, safeguards and the need to assess the person’s concrete situation as a whole.
DoLS Priority Tool
A screening tool designed to help local authorities prioritise DoLS assessment requests based on urgency and risk, identifying cases that require immediate attention due to factors such as objection, restraint, or safeguarding concerns. [dols-prior...adass-2024 | PDF]
Forensic Social Work: Quality Assurance Toolkit
A comprehensive, evidence-based resource for forensic mental health social work, featuring audit tools, templates, statutory guidance, and best practice materials. Designed for practitioners, managers, and teams in secure and community settings. Supports quality assurance, safeguarding, supervision, and compliance with UK legislation.
Form GS4 Find out if someone has a guardian
A statutory form used to request a search of the Office of the Public Guardian register to determine whether a guardianship order exists, including key details about the order’s status, validity, and associated restrictions. [form-gs4-f...024 - Copy | PDF]
Form OPG100 Find out if someone has a registered attorney or deputy
A formal application used to request information from the Office of the Public Guardian about registered powers of attorney or deputyship orders, providing insight into legal authority over an individual’s welfare or finances. [form-opg10...024 - Copy | PDF]
Grounding Techniques
A concise resource providing simple, accessible grounding and self-regulation techniques—such as deep breathing and five senses exercises—to help individuals manage stress, anxiety, or overwhelm by reconnecting with the present moment, making it particularly useful for supporting emotional regulation in both everyday practice and high-stress situations.
Identifying a deprivation of liberty a practical guide
This guidance provides a comprehensive and practical overview of how to identify a deprivation of liberty in health and social care settings, supporting professionals to apply legal principles from the Mental Capacity Act and human rights law in real-world situations. It explains key concepts such as the ‘acid test’, consent, and state responsibility, alongside detailed examples across settings including hospitals, care homes, and community environments. The guide emphasises professional judgement, risk identification, and the need to ensure lawful authorisation to protect individuals’ rights and uphold best interests decision-making.
Informal Admission, Consent and Article 5 Risk
A practitioner briefing on informal mental health admission, consent and Article 5 risk following the Supreme Court shift in deprivation of liberty law. It explores when informal admission may be lawful, why compliance is not the same as consent, the additional caution required after section 2 detention, and how to choose and record the appropriate safeguarded legal route.
International Delphi consensus Forensic Mental Health Standards of Care
This research establishes an internationally agreed framework for forensic mental health services, outlining key principles, definitions, and core components of effective systems. Developed through expert consensus, it emphasises balancing public safety with recovery-focused, rights-based, and culturally responsive care. The resource provides a structured foundation for service development, evaluation, and improvement across complex mental health and justice settings.
Mental Capacity Act - Deprivation of liberty safeguards
This document provides a structured legal framework for situations where a person who lacks mental capacity may need to be deprived of their liberty in a hospital or care home. It helps practitioners identify when deprivation of liberty is occurring, explains the authorisation process, and ensures decisions are made lawfully, in the person’s best interests, and using the least restrictive option while safeguarding human rights.
Mental Capacity, Choice and Supported Decision-Making
Six accessible reminders to help practitioners support people to understand, consider and make their own decisions wherever possible.
Mental Health & Mental Capacity, My Human Rights
This booklet provides clear guidance on how human rights apply to mental health and mental capacity care, helping individuals understand rights such as dignity, liberty, and respect for private and family life. It supports using the Human Rights Act in everyday practice to challenge poor care, inform decisions, and improve outcomes without necessarily needing legal action. It is especially valuable for complex situations where ethical, legal and person-centred considerations must be balanced.
Mental Health Act, Reference Guide
The Mental Health Act Reference Guide provides a practical overview of the key sections, duties, and decision‑making requirements under the Mental Health Act. It supports practitioners to navigate assessments, applications, and safeguards, helping translate statutory powers into clear, lawful, and defensible practice.
Mental health culture race and ethnicity
This document provides a comprehensive overview of how culture, race, and ethnicity influence mental health, mental illness, and access to services. It highlights disparities in care experienced by minority groups and explores how cultural context shapes help-seeking behaviour, diagnosis, treatment, and outcomes. The guidance supports a more culturally competent and equitable approach to mental health practice by recognising barriers such as stigma, discrimination, and inequalities in access to care.
Multigenerational Trauma and Mental Health Act Assessment
National Mental Capacity Act Competency Framework
Framework supporting practitioners to develop skills and knowledge in applying the Mental Capacity Act, including capacity assessment and best interests decision-making.
Neurodiversity and mental health
Academic article examining neurodiversity in relation to mental health, including stigma, disability models and implications for equality, inclusion and care practice.
Oxfordshire P-AGNI 7-Minute Briefing
Can a fact-sensitive judgment change how AGNI should be applied? Examine the legal tension and test your own deprivation of liberty analysis.
Patient and Carer Race Equality Framework
National framework supporting mental health services to address racial inequalities through anti-racist practice, organisational competencies and improved patient and carer experiences.
Professional Identity in Mental Health Social Work
Framework defining professional identity in mental health social work through CORE-MH principles, integrating legal duties, relational practice, ethical reasoning and multidisciplinary working.
Promoting less restrictive practice
Practice tool supporting practitioners to identify and reduce restrictive interventions, promoting least restrictive care in line with the Mental Capacity Act and human rights principles.
Race equality and the amhp role-an amhp leadership perspective
Professional perspective exploring the role of AMHPs in addressing race inequality within mental health practice, including leadership, anti-discriminatory practice and culturally competent decision-making.
Reforming DoLS liberty protection safeguards
Academic analysis examining proposed reforms to Deprivation of Liberty Safeguards, focusing on the transition to Liberty Protection Safeguards and implications for legal practice and human rights.
Safeguarding Freedom Liberty Protection Safeguards Social Justice and the Rule of Law
This paper critically evaluates the Liberty Protection Safeguards (LPS) within the context of human rights, social justice and the rule of law, exploring whether they provide effective protection for individuals who may be deprived of their liberty. It highlights legal tensions between safeguarding and autonomy, critiques previous systems such as DoLS, and emphasises the importance of ensuring decisions are necessary, proportionate, and grounded in the lived experiences of individuals. The resource supports deeper understanding of how legal frameworks interact with ethical practice and social justice principles in complex care settings.
Supreme Court Ruling on Cheshire West - Update Briefing
The new DoL Test
Understanding and managing timescales for DoLS
SCIE proposal setting out a four-stage improvement methodology to help local authorities understand and reduce DoLS delays through diagnostics, action planning, evaluation, stronger governance, prioritisation tools and sector-wide best practice.
Women and Mental Health: AMHP CPD Briefing
A comprehensive, reflective guide to gender-responsive AMHP practice, bringing together research, legal learning, case law and practical assessment prompts.
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