Department of Health

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The Mental Capacity Act 2005

The Mental Capacity Act 2005 received Royal Assent on 7 April 2005 and was fully implemented on 1 October 2007. Overall, the Act will provide a much clearer legal framework for people who lack capacity and those caring for them by setting out key principles, procedures and safeguards.

What's new

10 June 2008

2 June 2008

This Local Authority Circular sets out the resources available for the year 2008-2009 for the Mental Capacity Act 2005 and provisional figures for 2009-2010 and 2010 - 2011.

20 and 22 May

28 April 2008: Mental Capacity Act new resources letter

This letter sets out the new resources being made available for the health sector for the year 2008-09, for work in relation to the Mental Capacity Act 2005

15 April 2008: Deprivation of Liberty Safeguards implementation tool

The Department has developed an implementation tool that local Mental Capacity Act implementation networks may wish to use when estimating the number of assessments and staff that are likely to be required in 2009 / 10.

Guidance on nominating a consultee for research involving adults who lack capacity to consent

Published: 22/02/2008 15:09

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.

About the Mental Capacity Act 2005

Overview of the Act's provisions, timetable for implementation and further information and guidance for organisations, professionals, carers and individuals affected by the Act. A summary of the Act is available to download.

Code of Practice

The Code of Practice for the Mental Capacity Act 2005 was formally issued by the Lord Chancellor on 23 April 2007. You can access the code below in Portable Document Format:

Mental Capacity Act and research

Information about the research provisions of the Mental Capacity Act.

Consent related issues

Information about consent and capacity including advance decisions to refuse treatment.

Implementing the Act

Guidance, funding and other support for the implementation of the Act.

Training materials

Information on training materials on the implications of the Mental Capacity Act in different care settings, and on training for advocacy, and for IMCAs.

Information booklets

A series of information booklets providing introductory information on the Mental Capacity Act is available:
Booklet 1 - For people who may be unable to make some decisions for themselves or who wish to plan ahead for the future
Booklet 2 - For family, friends and unpaid carers
Booklet 3 - For people who work in health and social care
Booklet 4 - For advice workers
Booklet 5 - An Easyread version
Booklet 6 - The Independent Mental Capacity Advocate (IMCA) service .

Electronic versions of the Booklets are available on the Department of Constitutional Affairs (now Ministry of Justice)  website. Additional information on Booklet 6, the IMCA service, is available on this site.

To order hard copies of booklets on the Mental Capacity Act please call 023 808 78038 or email

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