See also Deprivation of Liberty Safeguards
The Mental Capacity Act 2005 (MCA) was fully implemented in England and Wales in October 2007.
The MCA generally only affects people aged 16 or over and provides a statutory framework to empower and protect people who may lack capacity to make some decisions for themselves, for example, people with dementia, learning disabilities or mental health problems.
It makes it clear who can take decisions in which situations and how they should go about this. It enables people to plan ahead for a time when they may lack capacity. The MCA covers major decisions about someone’s property and affairs, healthcare treatment and where the person lives, as well as everyday decisions about personal care (such as what someone eats), where the person lacks capacity to make the decisions themselves.
It is important to note that a person’s capacity or lack of capacity refers specifically to their capacity to make a particular decision at the time it needs to be made.
The MCA is supported by a comprehensive Code of Practice
Locally, the Bath & North East Somerset Safeguarding Adults Board has agreed a Multi-Agency MCA Policy Statement (please see related documents).
The MCA sets out 5 Statutory Principles - the values that underpin the legal requirements of the Act.
- A person must be assumed to have capacity unless it is established that they lack capacity.
- A person is not to be treated as unable to make a decision unless all practicable steps to help him to do so have been taken without success.
- A person is not to be treated as unable to make a decision merely because he makes an unwise decision.
- An action is taken 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.
- Before the action is taken 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 Assessments and Best Interests Decisions
The person who assesses capacity will usually be the person who is making the decision with regard to service provision.
Suggested form for recording a Mental Capacity Assessment
If the person is assessed as lacking capacity the decision must be made in the person’s Best Interests.
Suggested form for recording a Best Interest Decision.
Independent Mental Capacity Advocacy (IMCA) Service
IMCA services have been commissioned from Bath Mind.
Please see the IMCA service website for contact details and further information.
Please see practice guidance on the use of Safeguarding Adults and IMCA