Mental Capacity Act

Mental Capacity Act

The Mental Capacity Act 2005, covering England and Wales, provides a statutory framework for people who lack capacity to make decisions for themselves, or who have capacity and want to make preparations for a time when they may lack capacity in the future. It sets out who can take decisions, in which situations, and how they should go about this. The Act came into force during 2007. The equivalent legislation for Scotland is the Adults with Incapacity (Scotland) Act.

The legal framework provided by the Mental Capacity Act 2005 is supported by a Code of Practice. The Code has statutory force, which means that certain categories of people have a legal duty to have regard to it when working with or caring for adults who may lack capacity to make decisions for themselves. These categories include anyone who is carrying out research approved in accordance with the Act.

If you wish to conduct research with adults who lack capacity you must consult the Mental Capacity Act and be guided by the associated Code of Practice.  The University provides A Short Guide to the Mental Capacity Act 2005 and Code of Practice but this should not be read in place of careful consultation of the Act and Code.

Research covered by the Mental Capacity Act must be approved by an “appropriate body”. In England, the appropriate body must be a Research Ethics Committee recognised by the Secretary of State. You will need to find out who the appropriate body is for your proposed research but this is likely to be a Social Care Research Ethics Committee. Details of this committee can be found at: http://www.screc.org.uk/.