The Mental Capacity Act 2005

Capacity is the ability to decide 

The Act is in place to provide a legal framework setting out key principles, procedures, and safeguards to protect and empower those who are unable to make some of their own decisions 

This could include people with learning difficulties, dementia, mental health problems, stroke, or head injuries 

5 statutory principles 

A presumption of capacity 

Support to make own decisions 

Unwise decisions 

Best interests 

Less restrictive option 

A presumption of capacity 

Every adult has their right to make their own decisions and must be assumed to have capacity to do so unless it is proved otherwise 

A care worker must not assume someone cannot decide for themselves just because they have a particular condition or disability 

Support to make own decisions 

A person must be given all practicable help before anyone treats them as not being able to make their own decisions 

This might include presenting information in a different format for those with physical or learning disabilities for example 

Unwise decisions 

Just because an individual makes what might be seen as an unwise decision, they should not be treated as lacking the capacity to make that decision 

People have the right to make what others may regard as unwise or eccentric decisions 

Everyone has their own preferences, values, and beliefs, which may not be the same as others, they cannot be treated as lacking capacity for thinking differently 

Best interests 

Action taken or decisions made under the Act on behalf of a person who lacks capacity must be done in their best interests 

Care workers should provide reasons showing the decision they are making is in the best interests of the individual 

They should try to involve the person or to consider whether the decision could be put off until the person regains capacity 

Less restrictive options 

Anything done for or one behalf of a person who lacks capacity should be least restrictive of their basic rights and freedoms 

It would be a reasonable for a care worker to accompany an individual who lacks capacity on a visit to the shops or to see friends 

It would not, however, be reasonable to lock them in their room to prevent them going out 

This would be an unacceptable deprivation of liberty 

Individuals have the right to support to help them make decisions. E.g. An advocate 

When acting on behalf of someone without capacity, all decisions must be in their best interest. What is “best interest”? 

Any intervention on someone without capacity should be that which is least restrictive of their basic rights and freedoms. 

Restraint must be proportionate and only carried out when necessary to prevent harm. 

Restraint is stopping someone hurting himself/herself or someone else. Confused people sometimes lash out so it is a priority to ensure safety in the most dignified and respectful way possible. 

The Mental capacity Act is in place to empower and protect vulnerable people who are unable to make their own decisions. 

All adults have the right to make their own decisions, even if that considered unusual or reckless. 

All adults should be assumed to have the capacity to make their own decisions unless proved otherwise.