The Mental Capacity Act 2005 (MCA) provides the legal framework to empower and protect people over the age of 16 who may lack capacity to make some decisions for themselves.
The MCA defines the test for capacity and sets out core principles and methods on making decisions and carrying out actions in relation to personal welfare, healthcare and financial matters on behalf of those who lack capacity. It makes it clear who can take decisions in which situations and how they should go about this.
The MCA applies to all staff making decisions for or acting on behalf of those who may lack capacity to make particular decisions.
The Trust has a statutory duty to ensure that all relevant functions of the MCA are applied and monitored according to the given standards contained in the Mental Capacity Act 2005: Code of Practice, and the Deprivation of Liberty Safeguards Code of Practice. This policy document provides information on the sources of legislation and guidance relevant to the operation of the MCA. Trust staff working within the framework of the MCA must follow the statutory provisions and guidance in carrying out their functions. Failure to do so can result in illegal or de-facto detention of patients, treatment being provided illegally, and may lead to negative reports from the Care Quality Commission in their monitoring of services and legal action against the Trust or individuals.
This Policy supersedes those detailed on the cover page to the Policy and must be read in conjunction with the statutory references at point 13 of the Policy, and the Policies and Standing Operating Procedures on the Document Control Summary on the front pages of this Policy.
This Policy provides supplementary guidance relating to implementation of the MCA and DOLS throughout the Trust. It does not replicate the detailed guidance contained in the Codes at 1.4 of the Policy.
Link to the full Policy:
Link to the Equalities Impact Analysis:
Link to the Standard Operating Procedures:
Link to the SOP Equalities Impact Analysis: