Mental capacity

Mental capacity is the ability of someone to make decisions. Find out more about the work we do associated with the Mental Capacity Act.

The Act provides a statutory framework to empower and protect vulnerable people who are not able to make their own decisions. It describes who can make decisions, in which situations, and how they should go about this. The Act allows people to plan for a time when they may lose capacity.

The whole Act is underpinned by five key principles:

  1. A presumption of capacity - the right to make own decisions with assumed capacity to do so unless it is proved otherwise;
  2. The right for individuals to be supported to make their own decisions - giving all appropriate help before it is concluded that a person cannot make their own decisions;
  3. That individuals must retain the right to make what might be seen as unwise decisions;
  4. Best interests – anything done for or on behalf of a person without capacity must be in their best interests;
  5. Least restrictive intervention – anything done for or on behalf of a person who lacks capacity should be the least restrictive of their basic rights and freedoms.

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What are the Deprivation of Liberty Safeguards?

The Mental Capacity Act Deprivation of Liberty Safeguards (MCA DoLS) came into force on 1 April 2009.

They provide for the lawful deprivation of liberty of those people who lack capacity to consent to arrangements made for their care or treatment in either hospitals or care homes. Such people needing to be deprived of liberty in their own best interests, to protect them from harm.

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What are Independent Mental Capacity Act Advocates (IMCAs)?

The Mental Capacity Act created the Independent Mental Capacity Advocacy (IMCA) service.

An IMCA is someone appointed to support and represent a person who lacks capacity, possibly because of dementia, a brain injury, a learning disability or mental health needs, who is also faced with certain decisions about serious medical treatment and long term care moves.

The IMCA will bring to the attention of the decision-makers all factors that are relevant to their decision. If appropriate IMCAs are able to challenge the decision-maker.

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