Articles

When to Escalate to the Court of Protection: Practical Thresholds and Evidence for Providers

This article sets out when learning disability providers should consider Court of Protection escalation, and how to evidence decision-making before that point. It explains practical thresholds, documentation expectations and governance...

Capacity and Safeguarding: When “Unwise Decisions” Become a Safeguarding Concern

This article explains how learning disability services should handle situations where capacity, consent and safeguarding risk overlap. It sets out practical decision-making steps, clear governance controls and how to evidence...

Best Interests Decision-Making: Turning Legal Duty into Everyday Practice

This article explains how best interests decision-making should operate in learning disability services when a person lacks capacity. It focuses on translating legal principles into day-to-day operational practice, including documentation,...

Mental Capacity Assessments in Practice: Making, Recording and Defending Decisions

This article explores how mental capacity assessments should be carried out and recorded in learning disability services, focusing on real operational scenarios rather than theory. It explains how to evidence...

Deprivation of Liberty, Restrictions and Rights-Based Practice in Learning Disability Support

This article sets out how providers should recognise, document and review restrictions that may amount to deprivation of liberty in learning disability services. It focuses on everyday operational controls, governance...

Advocacy, IMCA and Dispute Resolution in Learning Disability Services

This article explains how advocacy and IMCA involvement works in practice within learning disability services, and how providers should manage disputes about best interests, restrictions and safeguarding decisions. It focuses...

Consent, Choice and Lawful Decision-Making in Learning Disability Services

This article examines how consent and choice should be evidenced in learning disability services, including how providers respond when consent is unclear or withdrawn. It focuses on operational practice, safeguarding...

Applying the Mental Capacity Act in Day-to-Day Learning Disability Support

This article explores how the Mental Capacity Act should be applied consistently in everyday learning disability support, from routine decisions to complex risk situations. It focuses on operational delivery, evidence...

Deprivation of Liberty and Restrictive Practice in Learning Disability Support

This article explains how learning disability providers can identify restrictions, apply lawful safeguards and evidence least restrictive practice in daily routines. It includes operational examples, governance mechanisms and what commissioners...

Mental Capacity, Consent and Best Interests in Learning Disability Services

This guide explains how to apply the Mental Capacity Act in day-to-day learning disability support, including consent, best interests and documenting decision-making. It focuses on practical steps, evidence expectations and...