Patients & Carers Resources
Patients and carers are welcome to use all the resources on our website, but we thought it would be helpful to sign post you to some organisations and resources which will be particularly helpful to patients and carers.
The information and links to third party resources on this page are provided for training and education purposes only. Advice from a suitably qualified and experienced lawyer should be sought in relation to individual cases.
Under ‘Helpful Organisations’, we only list organisations we have personal knowledge of and in our experience have provided excellent support and resources to families and carers or have been personally recommended to us by trusted sources. For those who would like to do so, we also provide a link for donations to the organisations we list, but please do not feel under any obligation to make a donation. If you have organisations you would recommend to other patients and families, please do CONTACT US with their details, so we can add them to this page.
Resources
The Adults with Incapacity (Scotland) Act 2000 is an Act of the Scottish Parliament which applies in Scotland. It provides the legal framework for decision making for and with people aged 16 years and over who lack the capacity to make those decisions independently. The Code of practice for medical practitioners provides important statutory guidance as to how the provisions of the Act should be put into practice in the context of healthcare.
Adults with Incapacity: Code of practice for medical practitioners
This is statutory (legally binding) guidance that tells medical professionals how they should act to ensure they are acting in keeping with the requirements of the Adults with Incapacity (Scotland) Act.
Care Act 2014
This Act of the UK Parliament purpose it to reform the law relating to care and support for adults and the law relating to support for carers, to make provision about safeguarding adults from abuse or neglect, to make provision about care standards, to establish and make provision about Health Education England, to establish and make provision about the Health Research Authority.
Most of the Act applies just to England and Wales, but certain provisions apply in Scotland and Northern Ireland, details can be found in section 128 of the Act.
UK Government Statutory Guidance to the Care Act 2014
UK Government Fact Sheets provide also guidance on the Act.
Carers UK have published this briefing on the Care Act
Carers Act (Scotland) 2016
This Act of the Scottish Parliament creates rights for carers and duties for public bodies including the NHS and local authorities to support carers.
Scottish Government have collated all the statutory instruments (secondary legislation) related to the Carers Act (Scotland) 2016, these enable and detail the implementation of the Act.
Scottish Government have also produced a Carers’ Charter to enable carers to check their rights.
Self Directed Support Scotland have published this pocket sized guide to the Carers Act (Scotland) 2016
This video from NHS Highland briefly explains the purpose of the Act.
The Mental Capacity Act 2005 is an Act of the UK Parliament which applies in England and Wales. It provides the legal framework for decision making for and with people aged 16 years and over who lack the capacity to make those decisions independently. The Code of Practice provides important statutory guidance as to how the provisions of the Act should be put into practice.
Mental Capacity Act 2005 Code of Practice
This is statutory (legally binding) guidance that tells professionals how they should act to ensure they are acting in keeping with the requirements of the Mental Capacity Act.
Mental Capacity Act 2005 Code of Practice (Easy Read Version)
A Basic Guide to the Court of Protection (July 2020)
This is a very clear guide to the Court of Protection, which deals with cases arising under the Mental Capacity Act 2005, written by Victoria Alex Ruck Keene (a barrister), Sarah Castle (the Official Solicitor),and Jakki Cowley (an advocate). It explains clearly what to expect and has useful links to further resources, including a helpful glossary where legal terms you may encounter are explained.
Our AdsFoundation Deputies Resources page, gives information and links which is helpful for anyone wishing to apply to be a welfare or finance and property deputy for an individual who lacks mental capacity.
The Mental Health Act 1983 is an Act of the UK Parliament that applies in England and Wales. It provides the legal framework for the care and treatment of individuals with a mental impairment and the management of their property.
Mental Health Act 1983 : Code of Practice
This is statutory (legally binding) guidance that tells professionals how they should act to ensure they are acting in keeping with the requirements of the Mental Health Act.
Mental Health Act 1983: Code of Practice (Easy Read Version)
NHS Constitution for England
The NHS Constitution sets out the rights, values and principles, patients, public and staff should expect when engaging with the NHS. AdsFoundation has produced a series of Learn with Dr Dog short films which explain the NHS Constitution.
This link takes you our webpage of Deprivation of Liberty and Safeguards and Liberty Protection Safeguards Resources. These safeguards aim to protect those deprived of their liberty for the purpose of care or treatment, who lack the mental capacity to consent to their care or treatment or deprivation of liberty.
MENCAP the voluntary organisation supporting people living with learning disabilities and their families have published a number of EASY READ guides related to the appointment of a Power of Attorney which can be accessed from their website
Continuing NHS Healthcare
Welsh Government: Continuing NHS Healthcare -Information Booklet for Individuals, Families and Carers
This guide explains for those living in Wales:
- what is Continuing NHS Healthcare?
- who is eligible for it?
- how it is assessed?
- how is it organised?
Helpful Organisations
Court of Protection
The Court of Protection makes decisions on financial or welfare matters for people who can’t make decisions at the time they need to be made (they ‘lack mental capacity’).
‘The Court is responsible for responsible for:
- deciding whether someone has the mental capacity to make a particular decision for themselves
- appointing deputies to make ongoing decisions for people who lack mental capacity
- giving people permission to make one-off decisions on behalf of someone else who lacks mental capacity
- handling urgent or emergency applications where a decision must be made on behalf of someone else without delay
- making decisions about a lasting power of attorney or enduring power of attorney and considering any objections to their registration
- considering applications to make statutory wills or gifts
- making decisions about when someone can be deprived of their liberty under the Mental Capacity Act.’
Source: Court of Protection website : Court of Protection – GOV.UK (www.gov.uk)
‘The Court is based in London. Most cases are heard by district judges and a senior judge but can sometimes be heard by High Court judges. Cases can sometimes be transferred to a local court for hearing.’
IPSEA
IPSEA is a charity which provides independent, legally based information, advice and support to help get the right education for children and young people with special educational needs and disability (SEND) in England. They also provide training for parents, carers and professionals on legal framework for SEND.
Donate to IPSEA
Kindred Scotland
Lead by highly trained and experienced parents with personal experience of the issues families bring to them, Kindred is a Scottish charity operating mostly in the East of Scotland, which provide support and advice to families of children with complex needs. They provide information on every aspect of parenting a child with complex needs, practical support and a listening ear. Their website had lots of useful resources and they have an information and support line 0800 031 5793.
Adam’s family received great support from Kindred when we lived in Scotland and as you can read on Kindred’s website Adam is a continuing part of Kindred’s legacy.
Donate to Kindred
Office of the Public Guardian
The Office of the Public Guardian is a public body whose role is the oversee the activities of deputies, attorneys and guardians appointed in England and Wales under the Mental Capacity Act 2005 to supervise the affairs and finances of individuals lacking capacity to manage their own affairs and finances. The body is an executive agency of the Ministry of Justice. The current Public Guardian is Nick Goodwin.
Mind
Is a charity registered in England & Wales who provide advice & support for people with mental health concerns and their families. Mind have excellent resources on their website on all aspects of mental health, including information about legal rights in relation to mental health.
Mind have Infoline which can be contacted by
phone: 0300 123 3393
email: [email protected]
text: 86463
post: Mind Infoline, PO Box 75225, London, E15 9FS
Mind also have a mental health legal advice line, which can be contacted by
phone: 0300 466 6463
email: [email protected]
post: Mind legal line, PO Box 75225, London, E15 9FS
Donate to Mind
SAMH – Scottish Association for Mental Health is a leading Scottish charity.
Useful phone numbers for urgent support
Age UK 0800 678 1602 (open 8am-7pm, 365 days a year)
Provides support to older people in England, Wales, Scotland & Northern Ireland.
Calm 0800 58 58 58 (open 5pm – midnight)
Provides support to anyone in the UK who feels at risk of suicide.
Childline 0800 1111
Provides support to anyone in the UK under 19 on any issues they wish to discuss
Mind 0800 123 3393
Provides mental health support to anyone with mental health concerns in England & Wales
Patients Like Me
Patients Like Me is an organisation started by patients which aims to improve the lives of patients through sharing real world experiences and outcomes.
Samaritans 116 123 (24 hours/ day, 365 days/ year)
Provides support to anyone needing to talk in England, Wales, Scotland, Northern Ireland & Republic of Ireland
Women’s Aid 0808 2000 247
Provide support to Women in England at risk of or suffering domestic abuse.
Young Minds 0800 018 2138
Young Minds parents’ support line 0808 802 554 (9.30-4pm, Mon-Fri)
Provide support to young people and their parents, in England, Wales and Scotland with mental health concerns.
Get Involved:
If you would like your expertise and experience as a patient or carer to help others you may find the following links of interest:
To serve on a committee, alongside health professionals responsible for writing new guidance for health and social care, or to comment on draft guidance:
National Institute for Health and Care Excellence
To share your experiences:
Healthwatch
Care Opinion
Care Inspectorate Scotland (Regulators of Health and Social Care in Scotland)
Care Inspectorate Wales Arolygiaeth Gofal Cymru (Regulators of Care and Childcare in Wales
Care Quality Commission (Regulators of Health and Social Care in England)
Many GP practices now have Patient Participation Groups, ask at your practice if you are interested in joining your local one, or if your GP does not have one, you could ask them to start one.
Finding A Health/Social Care Lawyer
AdsFoundation hopes that circumstances will not arise where you need to take legal advice about your health or social care, but recognise that in extreme circumstances this may be necessary. We are unable to recommend lawyers to act for you. If you need legal advice and assistance it is important to seek this from a solicitor with appropriate expertise and experience. Unfortunately, many of the most experienced and expert solicitors are approached by far more potential clients than they can take on, so you may need to approach a number of solicitors to find one able to advise you.
The Chambers Directory gives details of solicitors from across the UK and gives information about their experience and expertise.
The Law Society provides accreditation, a recognised quality standard for lawyers offering advice on health and welfare matters related to the Mental Capacity Act 2oo5 and publishes this LIST of accredited lawyers. (accessed 12/4/2022)
Similar accreditation schemes are run covering other areas of law, including mental health law, law relating to children, clinical negligence and personal injury. You can read more about these schemes on the Law Society website.
If you are wanting legal advice on areas beyond health and social care law, you may be able to get advice and in some circumstances also assistance from one of the free legal advice clinics provided by the Law Works Network
The AdsFoundation also provides free legal advice (but not assistance or representation) on matters of health or social care law and on matters of employment law where the employment issue is related to health or social care, for example you are an employee working in health or social care, or your health or health of someone you care for is causing the employment issue. You can make an appointment and read more about our free clinic on our Free Legal Clinic Page.
If you work for or with a patient or carer organisation and would like AdsFoundation to provide a workshop on legal rights for your organisation please do CONTACT US using the tab above.
AdsFoundation will be running a series of on-line workshops on healthcare law and ethics. Please CONTACT US if you would like to be sent more information about these.
We welcome your feedback on this and all our resources, including information of any additional resources we should include or any changes you think we should make to our existing resources. Please use the CONTACT US tab above to share your thoughts with us. Thank you
BACK TO Mental Health Resources
FORWARD TO Windrush Compensation Scheme Resources
