Mental Capacity Act

The Mental Capacity Act 2005 (MCA) is underpinned by 5 guiding principles which all staff must follow

These are

• an assumption of capacity
• supporting people to make their own decisions
• people have the right to make eccentric or unwise decisions
• where someone lacks capacity staff must act in the person's best interests
• where someone lacks capacity any action we take on their behalf must generally be the least restrictive option

Awareness training is available about all the principles of the MCA as well as training to apply the principles to practice.

The Deprivation of Liberty Safeguards were introduced in April 2009. Details of training courses can be found by following the link to the Joint Training page below.

Referrals to the Independent Mental Capacity Advocate (IMCA) are still low. It is a mandatory requirement to refer to an IMCA if certain requirements are met.

If the person lacks capacity to make their own decision
and
serious medical treatment or a permanent change of accommodation is proposed
and
the person has no appropriate family or friends to support them with the decision

then a referral to an IMCA must be made

Mental Capacity Act booklets

We have a standard and easy read booklet which you can download from this page.

For more information about the Mental Capacity Act, you can also follow the links on this page.

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