Mental Capacity Act

The Mental Capacity Act 2005 came into force in 2007. It creates for the first time a clear legal structure for the care and treatment of people who have difficulty making decisions. It promotes best practice in supporting, empowering and protecting people who may lack mental capacity.

This may include people with dementia, learning disabilities, mental health problems, stroke or head injuries. It also includes people who are temporarily incapacitated due to trauma, anaesthetic or under the influence of alcohol or drugs.

The Act sets out in law what help should be given to people to make their own decisions, and what happens when people are unable to make decisions

Key Principles

The Act contains five key principles, which all professionals must follow when working with people who may have difficulty making decisions

1. Assumption of capacity

A person must be assumed to have capacity unless it is established that they lack capacity.

2. Maximising decision-making capacity

A person is not to be treated as unable to make a decision unless all practicable (“doable”) steps have been taken without success.

3. Unwise decisions

A person is not to be treated as unable to make a decision merely because they make an unwise decision.

4. Best interests

An act done, or decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in his best interests.

5. Least restrictive alternative

Before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person’s rights and freedom of action.

Mental Capacity Act 2005

Code of Practice to the Mental Capacity Act 2005

Office of the Public Guardian website

Discussion forum

It is planned to start a discussion forum for MCA and DoLS leads, to keep in contact and discuss questions, queries and concerns as they arise.

Please keep an eye on this section for further information.