The purpose of this book is to provide psychiatrists and other mental health professionals with guidance when faced with challenging medico-legal dilemmas that require an understanding of both mental capacity and mental health statute. Our intention has been to produce a user-friendly guide to the Mental Capacity Act 2005 (MCA) to be read in conjunction with the MCA Code of Practice.

This book is being published 6 years after the principles of the MCA came into effect and following a period during which mental health professionals have had clinical experience working within this statutory framework. In particular, they have had an opportunity to use the Deprivation of Liberty Safeguards (DoLS) amendment to the MCA in routine clinical practice.

Thus, they have been able to draw on clinical experience, case law and the developing research literature regarding its use. The authors include both clinicians and clinical academics, chosen to ensure that practical as well as research considerations pertaining to the statute are taken into account. The introductory chapter gives an overview of the impetus behind the introduction of mental capacity statute, historical concepts related to its development and a brief description of the provisions of the MCA. The different clinical applications of mental health and mental capacity legislation are also considered. In Chapters 2 and 3, Professors Hotopf and Hughes highlight, in a helpfully practical manner, the clinical application of the functional assessment of capacity and best interests principles. Chapter 4 is a more detailed chapter on the functions of the MCA, which we would suggest readers use as a reference chapter. This is followed, in Chapter 5, by an introduction to DoLS legislature and the burgeoning case law that is arising in the context of its use. Finally, Chapter 6 discusses clinical ambiguities in the application of the MCA, highlighting the difficulties of applying legal statute in a clinical setting.

We thank everyone who has helped us in this endeavour. In particular, Ms Jenny Langdon has provided great practical assistance in the development of the final version. We hope readers find it useful in their clinical practice.