Mental Capacity Act

The Mental Capacity Act 2005 was introduced in April 2007 and is underpinned by five principles, which must be followed by everyone.

These five principles are:

1. An assumption of capacity - unless it is proved otherwise

2. Taking practicable steps to support people to make their own decisions
3. People have the right to make eccentric or unwise decisions
4. Where someone lacks capacity, professionals must decide or act in the person's best interests
5. Where someone lacks capacity, any action professionals take on their behalf must be the least restrictive option.

‘Capacity’ is assessed about a specific decision at a particular time using the following criteria:

• Does the person understand the decision they need to make and why they need to make it?

• Can the person understand the consequences of making or not making this decision?
• Can the person understand, retain, use and weigh information relevant to the decision?
• Can the person communicate their decision by any means?

The Act introduced Lasting Powers of Attorney, Advanced Decisions to Refuse Treatment, the Court of Protection, The Office of the Public Guardian and the Independent Mental Capacity Advocacy Service.

Guidance to assessment mental capacity and making best interests decisions

The Mental Capacity Act (MCA) sub group for the Derby and Derbyshire Safeguarding Adults Boards would like to extend their thanks and gratitude to Waltham Forest Safeguarding Adults Board for their permission to use the guidance to assessing mental capacity and making best interests decisions document that was produced by their MCA sub group in 2021. This guidance, attached to this page, aims to “demystify the Mental Capacity Act and make key aspects workable in practice."

The A to Z of the Mental Capacity Act

With the Liberty Protection Safeguards (LPS) scheduled for 2023 and with the new responsibilities placed on the new ‘responsible bodies’ (local authorities, clinical commissioning groups and hospital trusts), it has never been more important for practitioners to embed the Mental Capacity Act (MCA) into everyday practice.

The A-Z of the Mental Capacity Act aims to bring together a selection of references to the Mental Capacity Act and associated guidance, legislation and case law.

It's Your Decisions Mental Capacity Act film

Your Somerset has produced a film about mental capacity and the Mental Capacity Act called It's Your Decision: MCA.

Mental Capacity Act Subgroup newsletters

The Derby and Derbyshire Mental Capacity Act (2005) sub group sits under the Derby and Derbyshire Safeguarding Adults Boards and aims to update professionals and volunteers who work with adults and with care and support needs on key information on the Mental Capacity Act (MCA). The sub group’s newsletters can be found on the Resource page.

Useful documents

• Guidance to Assessing Mental Capacity and Making Best Interests Decisions
• OPG Making Decisions Your Health Welfare and Finances
• OPG Making Decisions - A guide for family, friends, and other unpaid carers (OPG 602)
• Making Decisions - A guide for people who work in health and social care
• OPG Making Decisions - A guide for advice workers (OPG 604)
• OPG Making Decisions - An Easy Read Guide (OPG 605)
• OPG Making Decisions - An Easy Read Guide (OPG 605)
• Mental Capacity Act 2005 - Code of Practice