Mental Capacity Act
Helping people who can't make their own decisions
The Mental Capacity Act has been introduced to help people who can't make decisions for themselves. This page gives an overview of the act, and includes links to some further information.
Mental Capacity Act overview
The main components of the Mental Capacity Act came into force on 1 October 2007. This affects people who can’t make decisions for themselves. The act affects families and carers, health and social care staff, and affects all people that have contact with people who may lack capacity.
The act affects all major decisions where a person may lack capacity, from how to manage their finances to whether or not to have medical treatment.
Every day we make decisions about lots of things in our lives. The ability to make decisions is called ‘mental capacity’. Some people may have difficulties making some decisions some or all of the time. This could be because they have
- a learning disability
- dementia
- a mental health problem
- a head injury or a stroke
- a drug, alcohol or substance addiction
- an acute illness, or the treatment for it.
The act also allows any of us to plan ahead in case we lack mental capacity in the future, following an accident for example.
There are five key principles to the Mental Capacity Act
- It is always presumed that a person has capacity.
- A person must be given support to make their own decisions if possible.
- An unwise or eccentric decision should not be treated as evidence of lack of capacity.
- Any decision made on behalf of someone lacking capacity must be in their best interests.
- Actions taken in respect of a person who lacks capacity must have minimal restriction of their basic rights and freedoms.
For more information about the Mental Capacity Act and how to make sure you are being compliant, browse this part of the site, or email mca@sheffield.gov.uk
Decisions flowchart
The flowchart, downloadable at the bottom of this page, will help you if you think you may have to make a decision for somebody who lacks capacity.
Policy addendum
Sheffield City Council employees using any existing policies should refer to the policy addendum, downloadable at the bottom of this page.
Discretionary Use of the IMCA service in Safeguarding Adults cases
South Yorkshire has created a joint policy on how eligibility for IMCA referral will be extended to people who would not normally meet the referral criteria but where significant decisions are required under the general umbrella of Safeguarding Adults (adult protection) procedures. Unlike other IMCA referrals, referral under Safeguarding Adults is not restricted to people who have no-one else to support or represent them.
The policy is downloadable at the bottom of this page.
Implementing the MCA in your organisation/team
We have reduced the Department of Health’s implementation “Best Practice” tool to fifteen parts. We resisted making it into a flowchart because there is no single way of prioritising the activities you may need to undertake. You can download the tool at the bottom of the page.
Forming an “Internal Implementation Group”; compromising of managers relevant to make the decisions required/ carry out the activities needed; is likely to be a worthwhile step, to fast track the implementation of the Act – enabling the principles of the MCA to be fully imported into the daily practice of your frontline workers.
You may also find the following documents useful as sample statements introducing MCA to staff; to be posted on your intranet or used in other communications to staff. The documents are:
- The IPV Statement.
- Mental Capacity Act Overview.
- Statement about the MCA for chief executives.
Download the sample statements.
Identifying training needs within your organisation
Please visit the Mental Capacity Act Training Needs Audit and fill in the short online survey designed to assist you in identifying your staff's training needs. This is to make sure they comply with the Mental Capacity Act.
The password is - cloudless
Evaluation of the training delivered within your organisation is to enable the five principles of the MCA to be fully imported into the daily practice of all frontline staff. You can download the evaluation of the training tool at the bottom of the page.
FAQs
Please read the Mental Capacity Act FAQs downloadable at the bottom of the page.
Useful links
You can find detailed information about the Mental Capacity Act on the Department for Constitutional Affairs website.
For information on 'advanced decisions, advanced statements and living wills (October 2007) Ref IS/5’ please visit Age Concern. The information and advice 'end of life' document link is currently the third on the page.
The 'useful links' document, downloadable below, contains links to Mental Capacity Act information.
Downloads
If you think you may have to make a decision on behalf of somebody who lacks or may lack capacity, this flowchart will help you. (56 KB) (55.5 KB)
Addendum for use with existing policies. The addendum ensures that existing policies comply with the Mental Capacity Act 2005. (29 KB)
Download South Yorkshire's joint policy on Discretionary use of the IMCA service in safeguarding adults cases. (36.5 KB)
Download a document containing links to information about the Mental Capacity Act 2005. (124 KB)
Department of Health best practice tool - process of implementing the MCA. (54 KB)
Evaluation of the training for the Implementation of the Mental Capacity Act. (29.5 KB)
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