This report helps commissioners and providers of care and support services embed the principles of the Mental Capacity Act in care planning and the day to day support they provide to people. By doing so, it helps respect the human rights of people to have as much control over their lives and their decision-making as they are able.
Key messages from the report
- The Mental Capacity Act (MCA) 2005 is vital to ensuring person-centred care that respects people’s rights.
- Local authorities and paid staff who provide care and support to people over 16 years of age are legally required to work within the framework of the MCA and have regard to the MCA Code of Practice (the Code).
- Care planning is a key mechanism for ensuring that the MCA is implemented in social care. Care planning should reflect the principles of the MCA.
- Care and support plans should promote people’s liberty – the freedom to make decisions about their care and support as far as they are able.
- Care planning should show how people and their chosen representatives are supported to be involved in developing and reviewing their care and support.
- Care plans must provide evidence of consent, or, where people lack capacity to consent to their care and support plan, there must be a clearly recorded assessment of capacity with supporting evidence.
- Care planning documents must demonstrate how any decisions made on behalf of a person who lacks capacity are made in their best interests.
- Care and support plans must be regularly reviewed to make sure they continue to meet people’s changing needs and choices.
- Care planning documents must demonstrate how people who are deprived of their liberty have their rights protected.