The below lists some legislation and documents that I believe may be of use to other laypersons such as me. At present they are in chronological order, but that may change.

Best Interest Meetings Guidance – Social Care Institute for Excellence

The Chronically Sick and Disabled Person’s Act 1970
The Limitation Act 1980
Disabled Persons (Services, Consultation and Representation) Act 1986
Public Interest Disclosure Act 1998
Human Rights Act 1998
The Data Protection Act 1998
The Care Homes Regulations 2001
The Mental capacity Act 2005
The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
The Care Act 2014
Criminal Justice and Courts Act 2015
Ill-treatment or wilful neglect offences – Sections 20 to 25 of the Criminal Justice and Courts Act 2015
Autism Act 2009
The Equality Act 2010
The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679)


Useful Notes:

National eligibility criteria set out in the Care Act 2014
The Code of Conduct for Healthcare Support Workers and Adult Social Care Workers
Social workers Code of Practice
Code of Ethics for Social Work
The Mental Capacity Act Guidelines
Code of Practice to supplement the main Mental capacity Act 2005 Code of Practice

Notes 2


The Mental Capacity Act also introduces a statutory right to advocacy for those lacking capacity and “unbefriended” through the Independent Mental Capacity Advocacy Service (IMCA), Lasting Powers of Attorney for health and welfare and property and finance and two new criminal offences, i.e. “the wilful neglect or ill treatment of a person lacking capacity” (S 44 MCA 2005.)

If there is disagreement in a family about someone’s capacity or best interests it is possible to ask for help in making decisions. (Part 11: Resolving disputes) If family or friends disagree with a decision, consider if the Court of Protection should be asked to make the decision. The organisation needs to show how the care they can provide is better than care the person’s family can provide or choose. (Part 23: The Court of Protection)

Misuse of medication

Where a person is medicated to enable an indictable offence to be committed, section 22 of the Offences Against the Persons Act 1861 may be relevant. Where a person is medicated or over-medicated for non-therapeutic reasons, such as to control their behaviour, a number of other offences may be relevant, such as unlawfully administering medication contrary to section 58 Medicines Act 1968, or failure to comply with conditions contrary to section 24 of the Care Standards Act 2000 or contravention of Regulations contrary to section 25 of the Care Standards Act 2000.

Medicines Act 1968

Section 68 Medicinal products on prescription only.

F4 2 (b) no person shall administer (otherwise than to himself) any such medicinal product unless he is an appropriate practitioner or a person acting in accordance with the directions of an appropriate practitioner.

CQC Guidance on the use of surveillance (I suggest caution if it is followed)

Surveillance equipment placed by people in your care or their relatives

HCPC Standards of Conduct Performance and ethics

more to add at a later date