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Use of the Mental Capacity Act 2005 with people experiencing multiple exclusion homelessness in England

About this study

This study focuses on the assessment of the mental capacity of people who are experiencing multiple exclusion homelessness (MEH), a term used to capture the overlapping of a range of experiences associated with profound social exclusion, including not just homelessness but also institutional care, substance misuse, and ‘street culture’ activities.

Factors such as poor mental health, addiction, and the effects of adverse childhood experiences in this population mean that capacity assessments under the Mental Capacity Act 2005 (MCA) can be particularly challenging. Earlier research conducted at this Unit, which focused on adult safeguarding approaches to self-neglect among this population, brought into question the standard of practitioner approaches to these assessments.

This research will explore and analyse health and social care practitioner approaches to mental capacity assessments with people experiencing multiple exclusion homelessness in England. Findings from mixed-methods research will inform the co-production of a revised and tested specialist assessment tool for this population.

Read further on the NIHR page for this project.

Stephen Martineau introduces the study on the Unit blog (October 2023) and reports on the presentation of early emerging findings at the Homelessness series (July 2024).

Methods

A scoping review of evidence will be accompanied by expert interviews with national experts and a survey of practitioners.

In-depth fieldwork across three contrasting study sites in England will include interviews with two stakeholder groups: practitioners and those with lived experience.

The research team will work with national stakeholder representatives, expert practitioners and PPI advisors to review and update a specialist tool for capacity assessment in this field. We will conduct a pilot testing and evaluation of the tool.

Funding

NIHR Health and Social Care Delivery Research (HSDR) Programme: NIHR154668

Timescale

October 2023 - March 2026

Research team

The main researchers on this project are Jess Harris (Research Fellow, KCL, and first point of contact for any enquiries about the study) and Stephen Martineau (Research Fellow, KCL). 

  • Kritika Samsi (co-PI) is Senior Research Fellow at the NIHR Policy Research Unit in Health and Social Care Workforce (HSCWRU) at King’s College London (KCL).
  • Michelle Cornes (co-PI) is Professor of Health and Social Policy Inequalities in the School for Health and Society at the University of Salford, Visiting Professor at HSCWRU, and Senior Fellow at the NIHR School for Social Care Research.
  • Stan Burridge brings lived experience of homelessness, addiction, mental ill health and a number of institutional settings. He leads a user-led organisation bringing the voices of diverse lived experiences of homelessness to shaping research, policy and practice.
  • Alex Ruck Keene KC (Hon) is a barrister at 39 Essex Chambers specialising in mental capacity and mental health law, and Professor of Practice at the Dickson Poon School of Law, KCL.
  • Nathan Davies is Professor of Ageing and Applied Health and Care Research, Queen Mary University of London.
  • Bruno Ornelas is Rough Sleeping Adviser, Ministry for Housing, Communities and Local Government, and a homelessness Safeguarding Adults Review author.
  • Alex Bax is Chief Executive of the homeless health charity, Pathway; with Samantha Dorney-Smith, Nursing Fellow, Pathway. Sophie Koehne, Mental Health and OT Policy and Practice Lead; Lived Experience Lead, Pathway.

Lived experience Advisory Group (PPIE)

PPIE is led by Stan Burridge.

Collaborators

  • Enabling Assessment Service London (EASL) is a team of multi-disciplinary mental health professionals working with MEH who are commissioned by local authorities and third sector organisations.
  • Ezra Furber is an experienced mental health social worker in the field of homelessness, and Practice Educator and trainer on MEH and mental capacity, presently working as an Approved Mental Health Professional for the Islington AMHP Duty Team.
  • Fiona Bateman is a Safeguarding Adults Board Independent Chair, a solicitor focusing on health and social care for excluded populations, and Safeguarding Adults Review author. 
  • Edge Training & Consultancy Ltd are specialists in training health and social care practitioners in the MCA.

Related events

11 September 2024: 'Mental Capacity with Multiple Exclusion Homelessness populations' (Jess Harris) at 'Brain injury & homelessness' (Head Injury & Homelessness Research Group, Sheffield)

18 July 2024: Thinking about mental capacity and multiple exclusion homelessness

Related work

Scoping study for this project

Examining mental capacity approaches to multiple exclusion homelessness: A scoping study | Scoping paper (published March, 2025)

Safeguarding project

Opening the "too difficult box": Strengthening adult safeguarding responses to homelessness and self-neglect (2019-23)

Safeguarding Adults Review analysis

Martineau, S. J., Cornes, M., Manthorpe, J., Ornelas, B., & Fuller, J. (2019). Safeguarding, homelessness and rough sleeping: An analysis of Safeguarding Adults Reviews. London: NIHR Policy Research Unit in Health and Social Care Workforce, The Policy Institute, King's College London.

Other related projects at the Unit (2022-2023)

See also

The Unit conducted a project examining social care responses to self-neglect and hoarding among older people. As well as fieldwork, this study published two evidence reviews, one on self-neglect (2021) and one on hoarding (2022).

Project Team

Stan Burridge

Expert Focus

Michelle Cornes

Visiting Professorial Fellow

Jess Harris

Research Fellow

Research Fellow

Bruno Ornelas

Rough Sleeping Adviser, Ministry for Housing, Communities and Local Government

Alex Ruck Keene KC (Hon)

Visiting Professor

Publications

Martineau, S. (2024) Using the Mental Capacity Act 2005 with those experiencing Multiple Exclusion Homelessness – Challenges, Debates & Resources, Health & Social Care Workforce Blog, 19 July.

Martineau, S. (2023) New study at the Unit on capacity assessment and homelessness, Health & Social Care Workforce Blog, 16 October.

The publication feed is not currently available.

Conferences

Harris, J. (2025) The national picture: multiple exclusion homelessness and mental capacity, Homelessness series, King's College London, 22 January.

Harris, J. (2024) Are we thinking about Mental Capacity with Multiple Exclusion Homelessness populations? Emerging research findings, Head Injury & Homelessness Research Group and The Brain Injury Social Work Group Conference: 'Brain injury & homelessness – learning from survivors, carers, research and practice', Sheffield Hallam University, 11 September.

Harris, J. (2024) Thinking about mental capacity & multiple exclusion homelessness. Emerging research findings from expert interviews, Homelessness series, King's College London, 18 July. (reported on the blog)

Harris, J. (2024) Use of the Mental Capacity Act 2005 (MCA) with people experiencing multiple exclusion homelessness (MEH) in England: Emerging findings from expert interviews, HSR UK Conference, Oxford, 9 July.

News

Capacity assessment and people experiencing multiple exclusion homelessness

New scoping paper on MCA practice with this population

Mental Capacity Act 2005

At the Homelessness series

Reporting findings from the national survey on use of the MCA

Court of Protection

Unit research presented at Partners in Care and Health

Over 1000 attendees at LGA/ADASS webinar

Court of Protection

Unit work discussed at local authority learning event

Jess Harris presented emerging findings from the MCA study

Karl Mason Caroline Shulman Jess Harris 26 Nov 2024

Meeting communication needs in homelessness settings

The Unit was at a Speech and Language Therapy event at the House of Lords

Leigh Andrews

Events

22Jan

The national picture: multiple exclusion homelessness and mental capacity

Jess Harris, KCL

Please note: this event has passed.

18Jul

Thinking about mental capacity and multiple exclusion homelessness

Emerging findings from a national study

Please note: this event has passed.

Project Team

Stan Burridge

Expert Focus

Michelle Cornes

Visiting Professorial Fellow

Jess Harris

Research Fellow

Research Fellow

Bruno Ornelas

Rough Sleeping Adviser, Ministry for Housing, Communities and Local Government

Alex Ruck Keene KC (Hon)

Visiting Professor

Publications

Martineau, S. (2024) Using the Mental Capacity Act 2005 with those experiencing Multiple Exclusion Homelessness – Challenges, Debates & Resources, Health & Social Care Workforce Blog, 19 July.

Martineau, S. (2023) New study at the Unit on capacity assessment and homelessness, Health & Social Care Workforce Blog, 16 October.

The publication feed is not currently available.

Conferences

Harris, J. (2025) The national picture: multiple exclusion homelessness and mental capacity, Homelessness series, King's College London, 22 January.

Harris, J. (2024) Are we thinking about Mental Capacity with Multiple Exclusion Homelessness populations? Emerging research findings, Head Injury & Homelessness Research Group and The Brain Injury Social Work Group Conference: 'Brain injury & homelessness – learning from survivors, carers, research and practice', Sheffield Hallam University, 11 September.

Harris, J. (2024) Thinking about mental capacity & multiple exclusion homelessness. Emerging research findings from expert interviews, Homelessness series, King's College London, 18 July. (reported on the blog)

Harris, J. (2024) Use of the Mental Capacity Act 2005 (MCA) with people experiencing multiple exclusion homelessness (MEH) in England: Emerging findings from expert interviews, HSR UK Conference, Oxford, 9 July.

News

Capacity assessment and people experiencing multiple exclusion homelessness

New scoping paper on MCA practice with this population

Mental Capacity Act 2005

At the Homelessness series

Reporting findings from the national survey on use of the MCA

Court of Protection

Unit research presented at Partners in Care and Health

Over 1000 attendees at LGA/ADASS webinar

Court of Protection

Unit work discussed at local authority learning event

Jess Harris presented emerging findings from the MCA study

Karl Mason Caroline Shulman Jess Harris 26 Nov 2024

Meeting communication needs in homelessness settings

The Unit was at a Speech and Language Therapy event at the House of Lords

Leigh Andrews

Events

22Jan

The national picture: multiple exclusion homelessness and mental capacity

Jess Harris, KCL

Please note: this event has passed.

18Jul

Thinking about mental capacity and multiple exclusion homelessness

Emerging findings from a national study

Please note: this event has passed.

Our Partners

NIHR SSCR

NIHR School for Social Care Research

University of Salford

University of Salford

University College London

University College London

Logo of Pathway

Pathway

Keywords

MENTALCAPACITYHOMELESSNESS