The Mental Capacity Act (MCA) has been a legal requirement since 2007 in England and Wales.
The main purpose of the MCA is to promote and safeguard decision-making. It provides a statutory framework for people who lack capacity to make decisions for themselves. It sets out who can take decisions, in which situations, and how they should go about this.
The MCA covers decisions about day-to-day things like what to wear or what food to buy, or serious life-changing decisions like whether to move into a care home or have major surgery.
Before 2007, people providing care and support were able to make decisions about an individual’s care.
Why did this change happen?
Before the MCA, people could be locked in their rooms or have their freedom restricted in other ways. There was no framework to say what was right and what was wrong. Often decisions were made about what was thought to be the best for an individual, but without consultation either with the individual or their “named person”. There were concerns about how people were being treated when they were not able to make decisions about the issues that affected their lives and their relatives were not legally able to make decisions on their behalf.
The Mental Capacity Act 2005, known as “MCA”, was introduced to change this.
MCA Code of Practice
The government knew the Act needed to be supported by practical guidance. This is a link to the Code of Practice which explains how the Act will operate on a day-to-day basis with examples of best practice to carers and practitioners. You can read this document via the blue button.
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