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Assessment of mental capacity in people with learning disabilities involved in criminal proceedings has been debated, and the introduction of mental capacity legislation in the United Kingdom makes provisions for people who lack the capacity to make decisions about their welfare. However, while the new legislation is designed to protect people who lack the mental capacity to make decisions, it is not clear how this legislation applies in criminal cases where the capacity to consent to sexual relations has been questioned. Until recently there was no clear definition of capacity to consent to sexual relations, and the aim of this paper is to consider the key aspects of this legislation and apply it to a case example. The definitions and assessment procedures involved in assessing ‘mental capacity’ are considered, and practice guidance for mental health professionals working in this field is offered.

The new Mental Health Act 2007 substantially amends the Mental Health Act 1983. In this article, some of the most important changes are highlighted, including changes to the definition of mental disorder, the new professional roles of approved mental health practitioner and responsible clinician, and the new powers for Supervised Community Treatment. The likely impact of these changes for people with learning disability and professionals working with them is discussed.

In the last decade we have witnessed much debate and activity around the provision of mental health services for people with learning disabilities in England. This article looks not only at current initiatives to improve mental health care from around England, but also places them within a policy context. Unfortunately there are areas that still fail to provide a basic care standard, some of which has been reported throughout the media from recent investigations. Where this is the case, we outline the responses and actions that have been put in place to address these issues.To maintain a momentum for positive change for the mental health care of people with learning disabilities, there now needs to be cooperation between services that traditionally have not worked together for the benefit of this client group. Before an equality of mental health service provision, in line with national standards, can be realised the traditional views and values of service providers and commissioners will need to be challenged and tuned to the needs of this group of people.

The purpose of this paper is to consider the impact of mental capacity legislation when applied to parents with learning difficulties who lack capacity within childcare and family law proceedings in England and Wales.

The paper relies on a range of material including reports published by independent mental health foundations, official inquiries and other public bodies. It also refers to academic and practitioner material in journals and government guidance.

The paper critically reviews the application of the guidance when assessing mental capacity legislation as applied in England and Wales and offers by way of illustration several case examples where psychological assessments, and the enhancement of capacity, have assisted parents who were involved in childcare and family law proceedings.

There has been little published research or governmental reports on the number of cases when parents involved in childcare and family law proceedings have been found to lack capacity. No published prevalence data are available on the times when enhancing capacity has resulted in a change of outcome in childcare and family law proceedings.

The duty is on the mental health practitioners assessing mental capacity that they do so in a structured and supportive role adhering to good practice guidance and follow the guiding principles of mental capacity legislation assuming that the individual has capacity unless it is established that they lack capacity. Guidance and training is needed to ensure that the interpretation of the Mental Capacity Act (MCA) and its application is applied consistently.

For those who are considered to lack mental capacity to make specific decisions, particularly within childcare and family law proceedings, safeguards are in place to better support such individuals and enhance their capacity in order that they can participate more fully in proceedings.

While the MCA legislation has now been enacted for over ten years, there is very little analysis of the implications of capacity assessments on parents involved in childcare and family law proceedings. This paper presents an overview and, in places, a critical analysis of the new safeguarding duties of mental health practitioners when assessing for, and enhancing capacity in parents.

The Mental Capacity Act (2005) is now in full operation in England and Wales. In this article, some of the common questions that professionals face on a day‐to‐day basis are discussed, including how to assess capacity and decide whether or not someone has capacity, what to do if someone lacks capacity and what could happen if someone does not follow the Mental Capacity Act.

Sexuality is complex, concerning concepts such as power relations, sensuality, personal integrity, capacity to consent, decision making, identity and self‐awareness, intimacy and relationships. Despite this complexity, it is an integral part of every human being, affected by race, socio‐economic status and intellectual ability. However, the expression of the sexuality of people with learning disabilities is denied and rarely facilitated. Often the importance of gender identity is ignored and this is reflected, for example, in how women with learning disabilities see their own bodies. Explanations include historical beliefs like eugenics, service principles such as normalisation, economics and an over‐riding concern to protect women and men with learning disabilities from abuse. Acknowledging that such factors play an important role in preventing the facilitation or expression of sexuality by men and women with learning disabilities, this paper focuses on the development of the criminal law, the role and potential of current sexual offences and the Home Office Report Setting the Boundaries.

The Deprivation of Liberty Safeguards (DoLS) are due to be implemented imminently. This legislation serves as an extension of the Mental Capacity Act designed to close the ‘Bournewood Gap’ and is of particular relevance to learning disability services. This article discusses the DoLS from a legal, philosophical and ethical perspective.

The purpose of this paper is to describe the unique and independent role of the Mental Welfare Commission for Scotland.

The paper takes the reader through the history of the Commission, its changing status, roles and responsibilities, its influence and impact, and current priorities. It is based on details of the Commission ' s development, narrative from current employees and published investigations and advice.

The Mental Welfare Commission has advanced significantly since its original establishment. It plays a vital role in protecting the human rights of people in Scotland with learning disabilities and mental illness, by visiting those who are in receipt of care or treatment, investigating situations of concern, providing advice and guidance, monitoring the Mental Health (Care and Treatment) (Scotland) Act 2003 and Adults with Incapacity (Scotland) Act 2000 and shaping relevant policy and legislation.

This paper provides an introduction to the work of the Commission, which will be of value to readers in Scotland and beyond. It illustrates its importance in preserving the rights of individuals with learning disabilities and mental illness in line with the UN Convention on the Rights of Persons with Disabilities and other legislation.

There are several proposed changes to the law in England and Wales that will particularly affect women with learning disabilities. The Sexual Offences Act 2003, the draft Mental Health Bill and the draft Mental Incapacity Bill all highlight the tension between state paternalism and individual autonomy. This paper uses a fictional case scenario in order to consider the practical implications of this proposed legislation, and dilemmas that may arise.