The Mental Capacity Act Podcast

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About The Mental Capacity Act Podcast

The Mental Capacity Act Podcast

The Mental Capacity Act 2005 is a hugely significant piece of legislation. Yet it is widely misunderstood and often poorly implemented. It applies in England and Wales only, and its purpose is to enable people to make decisions about their own lives, if they possibly can. Decisions could be simple and routine, such as whether to have a cup of tea or a cup of coffee in the morning. Or they could be very profound, such as whether to have treatment for cancer, whether to continue living in one's own home, or whether to have sex.

The Podcast came to an end after Episode 6 of Series 3, but the episodes will continue to be available here on Patreon for the foreseeable future. Please ignore the references to "paid subscriptions" in the podcasts. These are no longer available.

A weekly podcast

To the best of our knowledge there isn't a weekly podcast out there covering the Mental Capacity Act. So we've decided to create one ourselves! The first two episodes were released on 10th June  2019. Thereafter they have been weekly. You can choose to listen directly on your computer, or (as most people prefer) you'll be able to download them and listen to them on the go on your tablet or mobile device. In order to do this for free you'll need to download the Patreon app from iTunes (for Apple devices) or Google Play (for Android devices). This app is free to download and free to use - all you need is a Patreon account which again is completely free to set up. 

There is also a Facebook discussion group linked to the podcast which you are very welcome to join now if you wish.

Bonus content

****Please note, there will be no new bonus content from 30th November 2019****

  • Mark Neary (counsellor, writer, speaker, co-founder of the "Rightful Lives" online exhibition, human rights campaigner, and father of Steven who was unlawfully detained by the London Borough of Hillingdon in 2009-10) - episode was released as a free bonus for everyone on 3rd June 2019
The following interviews became freely available to everyone during January and February 2020.

Who might be interested in the podcasts?

We hope of course that the podcasts are of interest to anyone involved in the very broad field of health and social care, which includes professionals, volunteers, family members, users of services etc. But moreover we hope they are of interest to the population in general. In a very narrow sense the Mental Capacity Act 2005 is the law, so it must be followed, but in a wider sense the issues that it covers - the ability to make decisions for oneself - are really important moral dilemmas which touch the lives of all of us.

About the host

 My name is David Thornicroft and I'm the Managing Director of St Thomas Training. We deliver health & social care training all over the country for local authorities, health trusts, private, voluntary and independent organisations. Most of my training over the past few years has been on the Mental Capacity Act, but I also cover Safeguarding Adults and mental health issues. For more information about us please visit


The episodes were released on the following dates:

Series 1: The fundamentals of the Act
  • Episode 1 - All about this podcast (10th June 2019)
  • Episode 2 - Why was the Act introduced (10th June 2019)
  • Episode 3 - The 5 Statutory Principles (17th June 2019)
  • Episode 4 - Helping & supporting people to make their own decisions (24th June 2019)
  • Episode 5 - Who should assess capacity, and when? (1st July 2019)
  • Episode 6 - How to assess capacity (8th July 2019)

Series 2: More details about the Act
  • Episode 1 - Making best interests decisions (12th August 2019)
  • Episode 2 - Protection for people who provide care or treatment (19th August 2019)
  • Episode 3 - Lasting Powers of Attorney and Court Appointed Deputies (26th August 2019)
  • Episode 4 - The role of the Court of Protection (2nd September 2019)
  • Episode 5 - Advance Decisions to Refuse Treatment (9th September 2019)
  • Episode 6 - Independent mental capacity advocacy services (16th September 2019

Series 3: Still more details about the Act
  • Episode 1 - Safeguards and controls relating to research (21st October 2019)
  • Episode 2 - Children, young people and mental capacity (28th October 2019)
  • Episode 3 - The crossover with the Mental Health Act (4th November 2019)
  • Episode 4 - Protection for people who lack capacity to make decisions (11th November 2019)
  • Episode 5 - Resolving disputes about capacity and best interests (18th November 2019)
  • Episode 6 - Data protection and sharing of information (25th November 2019)


The Podcast came to an end after Episode 6 of Series 3, but the episodes will continue to be available here on Patreon for the foreseeable future.

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