Slough Borough Council

Mental Capacity Act 2005

The Mental Capacity Act was implemented in 2007. It aims to protect vulnerable people who lack capacity. This can include:

• those with learning disabilities
• those with mental health conditions
• older people

The ability to make decisions

The Act states at everyone should be treated as able to make their own decisions until it is shown that he/she cannot. It also aims to allow people to make their own decisions for as long as they are able to do so. A person's ability to make a decision will be established at the time a decision needs to be made.

There is a new criminal offence of neglect or ill-treatment of a person who lacks capacity.

When someone is no longer able to decide

The Act protects people who lose the capacity to make their own decisions. It allows the person, while they are still able, to appoint someone (for example a trusted relative or friend) to make decisions on their behalf once they lose the ability to do so. This means they can make decisions on the person's:

• health
• personal welfare
• financial matters

It makes sure decisions made on the person's behalf are in their best interests. The Act provides a checklist of things decision makers must work through.

There is a Code of Practice for those who support people who have lost the capacity to make their own decisions.

The 'Court of Protection' has been set up to consider financial or serious healthcare cases. The court looks at cases where the person's carer, healthcare worker or social worker, disagree on what are the person's best interests.

Independent Mental Capacity Advocate (IMCA)

Vulnerable people, who lack capacity to make their own decisions and do not have relatives and friends to speak for them, will be supported by an Independent Mental Capacity Advocate (IMCA).