Mental Capacity Act 2005

Supporting you to make decisions about your health, welfare and finances

What is the Act about?

A new law called the Mental Capacity Act 2005 came into force this year. Parts of the Act started in April 2007 and the rest began in October 2007. The Act supports those who find it difficult to make decisions sometimes or all of the time, or want to plan ahead in case they become incapable of making decisions in the future.

A person may have difficulties making some decisions either all or some of the time. This could be because of:

• a learning disability
• dementia
• a mental health problem
• a brain injury or a stroke
• alcohol or drug misuse

What does the Act introduce?

• There must always be the presumption that people have capacity to make decisions for themselves, unless it is established that they lack capacity.

• There is a test for assessing whether a person lacks capacity to make a decision, with a check list to help determine what is in their ‘best interests’.

• It provides several ways that people can influence what happens to them if they are unable to make particular decisions in the future, including advance decisions to refuse medical treatment, written statements of wishes and feelings, and creating a Lasting Power of Attorney (LPA).

• It clarifies the actions that can be taken if someone lacks capacity, and the legal safeguards that will govern this.

• It establishes an obligation to consult people who are involved in caring for the person who lacks capacity and anyone interested in their welfare about decisions affecting that person.

• There is a new safeguard, the Independent Mental Capacity Advocate (IMCA), to represent someone who lacks capacity to make certain important decisions and has no one else who can be consulted.

• A new criminal offence of ill-treatment or neglect.

• New safeguards for undertaking research.

• A new court of Protection and a new public official (the Public Guardian) who will be supported by the Office of the Public Guardian (OPG).

• A Code of Practice that provides more detailed guidance for professionals.

What Hampshire County Council is doing

Hampshire County Council has the lead role in implementation of the Act, as do all local authorities. There is a Local Implementation Network co-ordinated by Hampshire County Council and involving representatives from health, social services, voluntary and independent sectors, who are meeting regularly to plan training and awareness raising. There is a programme of one day training courses, briefing sessions and 'train the trainer' sessions to equip staff to use a resource pack in their teams to inform colleagues about the Act.

We will shortly be recruiting a Mental Capacity Act Development Manager to support implementation, develop policies, procedures and give practice advice.

For more information for staff, professionals and providers, see our page Information for professionals.

The contract for the Independent Mental Capacity Advocate (IMCA) service for Hampshire has been jointly commissioned by the County Council and Hampshire PCT and has been awarded to HARG (Hampshire Advocacy Regional Group). This consortium of advocacy projects employs an IMCA co-ordinator to oversee IMCAs in projects around the county. The IMCA service is a new service required by the Act and represents those who lack capacity to make certain important decisions when there is no one else who can be consulted.

Telephone/fax: 01256 478999
Address: 17 New Road, Basingstoke RG21 7PR
Email: imca@hampshireadvocacy.org.uk
www.hampshireadvocacy.org.uk