Legal context

5.1    Relevant legislation and other controls include but are not limited to: 

• The Mental Capacity Act 2005  2005 (MCA) and the MCA Code of Practice which set out protections for people who lack capacity. Client Affairs staff will determine what is in the service user’s best interests when acting on their behalf and will follow the MCA Code of Practice
  
  
•  the Office of the Public Guardian (OPG) Deputy Standards for Public Authority Deputies. Client Affairs staff will act in accordance with the requirements and expectations for public authority deputies
  
  
• Part 19 of the Court of Protection Rules 2007 as supplemented by Practice Guidance B.  The Rules allow certain costs to be charged to the person who lacks capacity. Client Affairs team charges will not exceed the maximum rates set out in Practice Guidance B
  
  
• The Care Act 2014. Staff will be mindful of Care Act duties to promote wellbeing; involve people as much as is possible in decisions which affect them; and to safeguard adults at risk of abuse or neglect
  
  
• UK General Data Protection Regulation (UKGDRP) and the Data Protection Act (2018). Staff will follow requirements for personal and sensitive information to be stored and shared securely with access restricted to those who ‘need to know’. People or their representatives are entitled to access their own information.