Report 70: The Mental Capacity Act (MCA) and care planning


Baroness Liz Barker, House of Lords Select Committee

The Mental Capacity Act 2005 (MCA) is widely recognised by those who work in health, social care and beyond as a positive and potentially transformative piece of legislation. Yet there is some way to go before it is widely understood and implemented.

Many of those who lack or have fluctuating capacity miss out on their fundamental rights to make, or influence, important decisions about their own care. That isn’t right. The House of Lords Select Committee on the Act set out a clear challenge to government to re-commit to implementing the Act in practice. This report, commissioned by the Department of Health, represents part of this re-commitment.

Good, person-centred, care and support planning is a vital part of protecting our freedom, choices and rights when we are at our most vulnerable.

Plans should be flexible tools that maximise people’s freedom to make decisions about their own care, lives and deaths. They should also clearly document how, when a person lacks capacity, decisions are made in their best interests and how their rights would be protected even when they are deprived of their liberty.

This report shows commissioners and providers of care how to embed the principles of the Mental Capacity Act into care and support planning right across the board.  

I welcome the publication of SCIE’s report and its contribution to the important work of making the Mental Capacity Act a reality.

Baroness Liz Barker
House of Lords Select Commitee on the Mental Capacity Act 2005


All SCIE resources are free to download, however to access the following download you will need a free MySCIE account:

Available downloads:

  • The Mental Capacity Act (MCA) and care planning report