Mental capacity act 2005

​Some people living in hospitals and care homes cannot make decisions for themselves, including choices about their care or treatment.

Dementia, brain injury, severe mental and physical illness, or substance misuse can cause this lack of mental capacity. 

People in this situation need more care than others to protect them from harm.

Hospitals and care homes always try to avoid depriving a person of their liberty. However, sometimes restricting their freedom is in their best interest.

We have the responsibility to protect and support those individual, and their families and carers. The Mental Capacity Act 2005​​​​​​​​​​​​​​​​​​​​​​​​Link opens in a new window​​ puts emphasis on supporting and enabling individuals to make their own decisions.

You can learn about the Act in the Mental Capacity Act Code​ of Practice​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​Link opens in a new window​​ and the Deprivation of liberty sa​​​​​​​​​​​​​​​​​​​​feguards (PDF 470 KB)​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​Link opens in a new window​​