Purpose and Principles of the Mental Capacity Act
The Mental Capacity Act applies to everyone who works in health and social care and is involved in the care, support or treatment of individuals over the age of 16.
The Mental Capacity Act 2005 is a comprehensive statutory framework that:
- Protects the autonomy of young people (from the age of 16) who have capacity to make their own decisions; and
- Protects people who lack capacity, by ensuring that they are always involved in decisions relating to them, and that any decisions made on their behalf are made in the right way.
Everyone working with (or caring for) any person from the age of 16 who may lack capacity must comply with the Act.
Someone who has Mental Capacity is able to make their own decision at the time when that decision needs to be made. Decisions can be day-to-day decisions or more important decisions around finance, where to live and whether to have medical treatment.
Four steps to the ‘function test’ have to be addressed to see if a young person (from the age of 16) is able to make their own decision - can they do all of the following four things:
- Understand information given to them;
- Retain that information long enough to be able to make the decision;
- Weigh up the information available to make the decision; and
- Communicate their decision.
The Mental Capacity Act applies whenever:
- There are doubts over the ability of a young person (from the age of 16) to make a particular decision at a particular time; and
- The young person has an impairment of, or a disturbance in the functioning of the mind or brain.
Under the Act mental capacity is both 'decision specific' and 'time specific' so you cannot just make a blanket statement about capacity.
Under the Mental Capacity Act the impairment of, or disturbance in the functioning of the mind or brain can be either:
- Permanent;
- Temporary;
- Diagnosed;
- Undiagnosed.
| Types of Impairment of Disturbance | Description | Example |
|---|---|---|
|
Permanent |
Any impairment or disturbance that is life-long or on-going |
Learning disability, acquired brain injury |
|
Temporary |
Any impairment or disturbance that is short term |
Coma, confusion following an accident |
|
Diagnosed |
An impairment or disturbance caused by a condition that has been formally diagnosed by a suitably qualified medical professional |
A personality disorder / attachment difficulties or disorders, an acquired brain injury |
|
Undiagnosed |
An impairment or disturbance caused by a condition that has either not been diagnosed, is unlikely to be diagnosed or is under investigation |
Drug use |
There are 5 principles (values) that underpin the Mental Capacity Act.
| Principle | In Practice | |
|---|---|---|
|
1 |
A person must be assumed to have capacity unless it is established that they lack capacity. |
Every young person from the age of 16 has a right to make their own decisions if they have the capacity to do so. |
|
2 |
A person is not to be treated as unable to make a decision unless all practicable steps to help them to do so have been taken without success. |
Young people should be supported to help them make their own decisions. No conclusion should be made that a young person lacks capacity to make a decision unless all practicable steps have been taken to try and help them make a decision for themselves. |
|
3 |
A person is not to be treated as unable to make a decision merely because he makes an unwise decision. |
Young people have the right to make a decision that others would see as 'unwise'. This does not automatically mean they lack capacity and they should not be treated as such. |
|
4 |
An act done or decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in their best interests. |
If the young person lacks capacity any decision that is made on their behalf, or subsequent action taken must be done using Best Interests, as set out in the Act. |
|
5 |
Before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the young person’s rights and freedom of action. |
As long as the decision or action remains in the young person’s Best Interests it should be the decision or action that places the least restriction on their basic rights and freedoms. |
Last Updated: May 17, 2023
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