Terms & Conditions


This site is owned and run by the Mental Health Foundation, the UK charity for everyone’s mental health. Registered Charity no. (England) 801130, (Scotland) SC 039714. Company Registration no: 2350846


Although every reasonable effort has been made to ensure that the information on this website was accurate at the time of publication, we accept no responsibility for any errors, omissions or misleading statements on this site or on any site which you may be able to access through a link on this site.

We exclude to the fullest extent permitted by law all representations or warranties with respect to the content of this site whether express or implied including but not limited to any warranty or representation that the server from which the site is available is free of viruses or bugs.

We exclude all liability to any third party anywhere in the world for any injury, damage, direct or indirect loss, consequential or economic loss or any other loss suffered as a result of the use of or reliance upon the information contained in this website to the maximum extent permitted by law. For the avoidance of doubt, nothing in this paragraph shall restrict or exclude our liability for fraud or for death or personal injury caused by our negligence.

All content is copyright of the Mental Health Foundation. We reserve the right to edit, amend or delete all content.

Your posts
We encourage you to share with us and others about how mental capacity issues have impacted on your everyday practice or experiences. We respectfully request that when posting a message, you stick to the following rules

  • To respect the views of other people, even if you disagree with them
  • To avoid posting the same message several times
  • To not disclose personal information which may leave you or anybody else vulnerable to abuse, this includes providing personal details including emails, postal addresses or telephone numbers
  • To not criticise individuals or organisations or seek to disparage them
  • To not use abusive or offensive language
  • To not post on behalf of anyone else
  • We reserve the right to edit or remove inappropriate messages posted on this website.

The legal information published on this site is designed to support and inform, not replace, the legal guidance that you may have received from you employer. Always consult a suitably qualified legal professional on any specific legal problem or matter. If you need someone to talk to urgently and in confidence the Samaritans offer emotional support 24 hours a day on 08457 90 90 90. You can also email the Samaritans at: .

Linking to the mental capacity website
We positively encourage you to link to this website to raise awareness of mental capacity. You do not need to ask our prior permission to link to this site, but we would really appreciate an email to notify us of any such link. We reserve the right at our discretion to require the removal of any link established by a third party between our site and any third party website.

If you would like to provide text to accompany the link, please use the following:

The mental capacity website has been developed to help staff working in health and social care (including those in the private and voluntary sectors) as well as unpaid carers, to improve the way they assess mental capacity.
The Assessment of Mental Capacity Audit Tool (AMCAT) is a simple online tool to help staff and others evaluate, reflect and learn about an assessment of mental capacity they have done. Audit an assessment using AMCAT:


Linking from the mental capacity website
We do not accept responsibility for the content of the sites we link to. We do not sponsor, endorse or otherwise approve of any information or statements appearing in a linked site (nor in sites referred to in or linked to a linked site) and we are not responsible if a linked site is not working properly. It is your responsibility to enter into and comply with any software or other licences required to access or use any linked sites and any material they contain or link to.

Data protection
In relation to personal information on this site, we comply with the requirements of the UK’s Data Protection Act 1988 governing the obtaining, use, retention, security and transfer of personal information. However, we cannot accept responsibility for the use of personal information once transferred or on linked sites.

Privacy policy
We recognise and respect the right to privacy of all visitors to this site. If we receive or require personal information from you for a particular purpose, we will not use this information for any purpose other than that stated, or pass it on to anyone else, except with your consent or as required by law.

If you wish to sign up to receive email communications from us, it is important that, to protect your privacy, you register yourself rather than ask a third party to register on your behalf. Please register only in your own name.

All of the materials on this site are the copyright or other intellectual property of the Mental Health Foundation, unless otherwise indicated, and all rights are reserved. Any materials belonging to the Mental Health Foundation may be reproduced free of charge in any format or medium for research, private study or for internal circulation within an organisation subject to

(i) the materials being reproduced accurately and not used in a misleading context and (ii) where any of the copyright items on this site are republished or copied to others, the source of the material being identified and the copyright status being acknowledged.

None of the materials produced by the Mental Health Foundation may be used for any other purpose and/or for any commercial purposes without prior consent from the Mental Health Foundation, for which you may be required to pay a licence fee. Please email us

The permission to reproduce Mental Health Foundation protected materials does not extend to any material on this site which is identified as being the copyright of a third party. Authorisation to reproduce such material must be obtained from the copyright holders.

If you have any questions about the Terms and Conditions, please email

AMCAT terms and conditions

All information you provide in completing the AMCAT will be treated confidentially and will not be passed on to a third party except with your permission. The only exceptions to this are where there is clear evidence from the information you have given that there has occurred an act of gross negligence, serious breach of the law resulting in a person’s death, serious psychological or physical injury, neglect or abuse, sexual abuse, financial abuse, or use for decisions excluded from the Mental Capacity Act 2005.

The AMCAT is designed and intended to be used only after a mental capacity assessment has been carried out. It should not be used as a guide to be used before or during a mental capacity assessment and the Mental Health Foundation accepts no responsibility if it is used in this way.

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