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The Mental Capacity Act and research
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Last modified date:22 February 2008
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Gateway reference:8823
Research is an important way for us to understand illness and disability and to improve the care and support people receive. This could include testing how effective a certain type of care or treatment is in supporting those who may lack capacity, or finding out what caused a condition such as Alzheimer’s disease. Sometimes this research will only be useful if it involves people who lack the mental capacity to agree to take part, such as investigating what causes conditions like dementia.
The Mental Capacity Act allows such research to take place but sets out strict rules to protect people who lack capacity to consent to take part in research and to make sure their current or previous wishes are taken into account.
The research provisions of the Mental Capacity Act 2005 will come into force in England and Wales on 1 October 2007.
All research ethics committees established in England and Wales under the standards framework Governance arrangements for NHS Research Ethics Committees are appropriate bodies for the purposes of approving research under both section 30 of the Act and the Loss of Capacity Regulations made under section 34 of the Act.
In order to ensure a smooth transition from previous to the new arrangements research which started prior to 1 October 2007 is not required to comply with sections 30-34 until 1 October 2008, provided it has ethical approval.
What research does the Mental Capacity Act cover?
More information on the position when a person has given their consent to take part in research and has since lost capacity and the interaction between the various pieces of relevant legislation is available here.
Children and young people and research
More information on involving children and young people who lack capacity under the MCA in a research project will be provided here soon.
Mental Capacity Act 'Nominated consultee' guidance
Published: 22 February 2008
This guidance sets out how to identify an appropriate consultee for the purposes of section 32 of the Mental Capacity Act. The Act requires the researcher to take reasonable steps to identify a person who, as a result of an existing relationship with the person who lacks capacity, can advise the researcher about that person’s participation in the project. Where no such person can be identified, the Act requires another person who can provide this advice to be appointed in accordance with guidance.
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