The Mental Capacity Act

The Mental Capacity Act (MCA) is a law that protects people aged 16 and over in England and Wales who lack the mental capacity to make decisions for themselves. The MCA is important for young adults with special educational needs (SEN) because it ensures that they have the right to make decisions for themselves, whenever possible, and that those decisions are made in their best interests.

What is mental capacity?

Mental capacity is the ability to make a decision for oneself. To have mental capacity, a person must be able to:

• Understand the information relevant to the decision
• Retain the information long enough to make a decision
• Use or weigh up the information available
• Communicate their decision in any way which can be recognised

When does the MCA apply?

The MCA applies to all people aged 16 and over, regardless of their mental health diagnosis or learning disability. The MCA only applies to decisions that are serious or life-changing. For example, it would apply to decisions about whether to consent to medical treatment, or whether to move into a care home.

The five principles of the MCA

There are five principles that underpin the MCA:

1. Assume that everyone has the capacity to make decisions unless it is proved otherwise
   This means that everyone should be assumed to have the ability to make their own decisions, even if they have a mental health diagnosis or learning disability.

2. Encourage and support people to make their own decisions
   People should be encouraged to make their own decisions, even if they need help to do so. This could involve providing them with information, support, or accommodation.

3. Respect people's wishes and feelings
   When making a decision for someone who lacks capacity, it is important to respect their wishes and feelings. This could involve considering their past decisions, their religious beliefs, or their cultural background.

4. Provide information and support to help people make informed decisions
   People should be provided with all the information they need to make an informed decision. This could involve providing them with written information, using easy-to-understand language, or using alternative forms of communication.

5. Do what is in the best interests of the person if they are unable to make a decision for themselves
   if a person is unable to make a decision for themselves, the decision should be made in their best interests. This means considering what is in the person's best interests, both now and in the future.

What are the rights of people who lack capacity?

People who lack capacity have a number of rights under the MCA, including:

• The right to be treated with dignity and respect
• The right to be involved in decisions about their care
• The right to have their wishes and feelings considered
• The right to challenge decisions made on their behalf

More information

There are a number of resources available to help you find out more about the MCA, including:

• Mental Capacity Act - NHS
• Mental Capacity Act - GOV.UK legislation
• The Social Care Institute for Excellence (SCIE)

Frequently asked questions

What is the Mental Capacity Act?    

The Mental Capacity Act (MCA) is a law in the United Kingdom that protects the rights of people who lack the mental capacity to make decisions for themselves.

Who does the Mental Capacity Act apply to?    

The MCA applies to everyone in England and Wales who is 16 years of age or older.

What are the principles of the Mental Capacity Act?    

The MCA is based on five key principles:

• Assume that everyone has the capacity to make their own decisions unless it is proved otherwise.
• Provide all possible help and support to a person to make and communicate their own decision before anyone decides that they lack capacity to make their own decision.
• A person should not be treated as lacking capacity just because they make an unwise decision.
• Any decision made on a person's behalf must be in their best interests.
• The least restrictive option should be used when making decisions on a person's behalf. |

The video below explains the Mental Capacity Act and why it is important to plan futures for young people.

Plymouth's Local Offer is organised into four main categories covering the following age ranges:

• Early years (0 to 5 years old)
• Primary (5 to 11 years old)
• Secondary (11 to 18 years old)
• Preparing for adulthood

 Plymouth Local Offer homepage

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