Reading List

A curated Reading List to support and extend learning from The Mental Capacity Act for Pharmacy Professionals.
The resources below are for pharmacists, pharmacy technicians, dispensers, medicines counter and delivery staff, managers, locums and other pharmacy team members. The core Mental Capacity Act items mainly apply to England and Wales; separate links cover the legal frameworks used in Scotland and Northern Ireland.
1. Core Mental Capacity Act Guidance in England and Wales
GOV.UK - Making decisions: a guide for people who work in health and social care
This Office of the Public Guardian guide gives a practical overview of the Mental Capacity Act 2005 for health and care workers, including the five principles, capacity assessment, best interests, record-keeping and advance planning.
https://www.gov.uk/government/publications/health-and-social-care-workers-mental-capacity-act-decisions/making-decisions-about-your-health-welfare-or-financesGOV.UK - Mental Capacity Act Code of Practice
The statutory Code of Practice for the Mental Capacity Act 2005 in England and Wales. It sets out the legal and practical guidance behind the Act and must be considered by those working with adults who may lack capacity.
https://www.gov.uk/government/publications/mental-capacity-act-code-of-practiceGOV.UK - Make decisions on behalf of someone: Checking mental capacity
A short practical page summarising what to check when deciding whether someone has capacity for a particular decision, including assessing capacity at the time the decision is required and not mistaking an unwise decision for incapacity.
https://www.gov.uk/make-decisions-for-someone/assessing-mental-capacity
2. Planning Ahead and Decision-Makers
GOV.UK - Make, register or end a lasting power of attorney
Explains the two types of LPA in England and Wales, when health and welfare attorneys can act, and how LPAs are created and registered.
https://www.gov.uk/power-of-attorneyNHS - Advance decision to refuse treatment (living will)
An NHS explanation of advance decisions, when they are legally binding, the age requirement and the extra formalities needed for refusing life-sustaining treatment.
https://www.nhs.uk/tests-and-treatments/end-of-life-care/planning-ahead/advance-decision-to-refuse-treatment/GOV.UK - Court of Protection
Explains the Court of Protection's role in capacity determinations, appointing deputies, making one-off decisions and resolving disputes.
https://www.gov.uk/courts-tribunals/court-of-protectionGOV.UK - Independent mental capacity advocates
Introduces the IMCA service in England and Wales and explains when independent advocacy is available for people who lack capacity.
https://www.gov.uk/government/publications/independent-mental-capacity-advocates
3. Pharmacy Professional Standards
GPhC - Standards for pharmacy professionals
The core standards for pharmacists and pharmacy technicians in Great Britain, covering person-centred care, consent, communication, professional judgement, confidentiality and raising concerns.
https://assets.pharmacyregulation.org/files/standards_for_pharmacy_professionals_may_2017_0.pdfGPhC - Standards for registered pharmacies
The standards that pharmacy owners in Great Britain must meet, including safe and effective management, accessible services and person-centred care for people using pharmacy services.
https://inspections.pharmacyregulation.org/standards
4. Separate Frameworks in Scotland and Northern Ireland
Office of the Public Guardian (Scotland)
The official starting point for powers of attorney and financial arrangements under the Adults with Incapacity (Scotland) Act 2000, including planning ahead while a person still has capacity.
https://www.publicguardian-scotland.gov.uk/NHS Inform - Information for carers using NHS services
An NHS Scotland page explaining legal proxies, communication and consent issues, and the Adults with Incapacity framework for healthcare settings.
https://www.nhsinform.scot/care-support-and-rights/health-rights/communication-and-consent/information-for-carers-using-nhs-services/Department of Health Northern Ireland - Mental Capacity Act
The Northern Ireland government page describing the Mental Capacity Act (Northern Ireland) 2016, its principles and the staged approach to bringing the legislation into force.
https://www.health-ni.gov.uk/topics/mental-capacity-actDepartment of Justice Northern Ireland - Office of Care and Protection
Information about enduring powers of attorney and related arrangements in Northern Ireland, which differ from the England and Wales LPA system.
https://www.justice-ni.gov.uk/topics/office-care-and-protection-patients-section
5. Children and Young People
NHS - Consent to treatment: Children and young people
Background on why the MCA does not apply to under 16s and on the different consent and competence rules that apply to children, including Gillick competence.
https://www.nhs.uk/tests-and-treatments/consent-to-treatment/children/
Use these readings to strengthen your knowledge of capacity assessment, supported decision-making, best interests, advance planning and the professional responsibilities that apply in pharmacy practice across the UK nations.

