Mental Capacity Act (MCA) 2005 - Find a freedom of information request

1. I was advised by the Local Government Association that you are a regional MCA lead?

2. Please can you advise where service users are to report breaches of the MCA 2005 to on a National level?

3. Who enforces the MCA 2005 in LAs and CCGs and hospitals?

4. Who is responsible for enforcement of the act where breaches occur ? in each region?

5. Please could you send me any policy on the function of regional MCA leads.

1. The Council's MCA Lead is not the East Midlands Regional Lead; she is the Chair of the East Midlands MCA DOLS Regional Forum

2. This information is not held as Lincolnshire County Council (LCC) is not aware of a national centralised complaints process which deals with breaches of the MCA 2005. However, LCC would expect service users to report breaches using the complaint process within the organisation they feels have breached the MCA 2005. If a service user remains dissatisfied with an organisation response, then they could refer the matter to the Local Government & Social Care Ombudsman or the Court. The national MCA Forum deals with implementation on a strategic level rather than complaints.

3. Local Authorities endeavour to full comply with MCA 2005 but do not enforce it as this would be a matter for the Court.

4. This would be a matter for the Court.

5. This information is not held.