Mental Capacity Act 2005

This Act came into force in two stages during 2007. The new law will affect anyone who is unable to make some or all decisions at significant points in their lives.

The inability to make a decision could be because of a learning disability, mental health problems, brain injury, dementia, alcohol or drug misuse, side effects of medical treatment or any other illness or disability.

The new act will help and support a person if they currently find it difficult to make decisions sometimes or all of the time, or if they want to plan ahead in case they are unable to make decisions in the future.

It protects their right to make their own decisions and to be involved in any decisions that affect them. The main section of the act came into force on 1st April 2007 and aims to provide better support for people who are unable to give informed consent to proposals from NHS bodies or Local Authorities for:

• Serious medical treatment.
• A stay of more than 28 days in hospital or eight weeks in a care home.
• A change in their accommodation to another hospital for more than 28 days or to another care home for more than eight weeks.
• A move into residential accommodation for more than eight weeks.

The principal source of support will be provided by an Independent Mental Capacity Advocate ( IMCA ) service commissioned by the local health and social care authorities and made available to 'decision makers' in respect of people who are 'un-befriended' (for example who do not have family, friends, carers or significant others).

From October 2007 the Act will make changes to Enduring Power of Attorney and Court of Protection arrangements, including:

• allowing someone to make an advance decision to refuse treatment, and
• the provision to appoint someone to look after their care and well-being, as well as their financial affairs.

The act applies primarily to people aged 18 and over, but some provisions include 16 - 18 year olds. It does not apply to people who are the subject of a 'Section' under the Mental Health Act.  There is a brief interactive guide available free of charge on the net.  This guide is designed for the public in general, and summarises the main provisions of the Act in a very simple way.  It gives a good overview, and will help identify the areas you may need to look at in more detail. 

• Open the Guide [Opens in New Window]

Deprivation of Liberty

As part of the revision of the Mental Health Act 1983, a section has been added to the Mental Capacity Act which will provide a proper legal process and suitable safeguards in circumstances where deprivation of liberty is an unavoidable necessity in the best interests of a person who lacks capacity to consent. These safeguards were originally known by the name of the hospital involved in a landmark case (Bournewood).

A body will be set up locally according to Department of Health guidance, and will be responsible for assessing such situations and authorising or refusing admissions which would deprive someone of their liberty, as appropriate.

A multi agency training strategy was agreed in Gloucestershire to develop and implement MCA training for all staff in the Social Care, Health and Independent and Voluntary sectors over the next 2 years.  Training was designed to facilitate the needs of all staff in all areas and incorporates a blended learning approach. As well as the ongoing full day MCA Core Awareness courses for decision makers there are also seminars, half day specialist training sessions and the MCA E-Learning Programme which was launched in June 07. The GCC has been fortunate to host several large MCA conferences over the last 2 years focusing on different aspects of the MCA and its implementation into practice. To find more information on MCA training courses, links and how to access the MCA E-Learning Programme, see the Training for the Mental Capacity Act page below.

What you can find on this page:
You can find downloadable documents relating to the Mental Capacity Act in the Downloads section, plus links to: Information and enquiries about services or to request a needs assessment, the adult protection unit and the adult training home page under Related Pages.

You can also find more information relating to the Mental Capacity Act including: what's new, additional information, Independent mental capacity advocates, policy and procedures, local implementation network and feedback by clicking on the links below.

If you are unable to access this information please contact the Strategic Planning and Policy Group on 01452 427036 or via sspolicy@gloucestershire.gov.uk

	What's new about the Mental Capacity Act An overview of the Act and what it covers		Mental Capacity Act 2005 - additional information More information for people who work in health and social care
	Independent Mental Capacity Advocates (IMCA) Advocates can help people by giving an independent report on the person's current or past wishes, culture, beliefs and known needs to help the professionals making decisions to ensure that they are working in the person's best interests.		Policy and Procedures relating to the Mental Capacity Act. Policies and guidance relating to the Mental Capacity Act 2005
	Local Implementation Network This web page contains information about the Local Implementation Group and the implementation of the Mental Capacity Act including Terms of Reference, Members and The Training Strategy.		Feedback Page - Mental Capacity Act 2005 An opportunity to give your views about the Mental Capacity Act via a questionnaire.
	Training for the Mental Capacity Act 2005, Deprivation of Liberty Safeguards and Revisions to MHA Further information on courses available