Mental Capacity Act

The Mental Capacity Act is important for people with a learning disability.

It lays out the law regarding who can and who cannot make decisions for themselves.

The 5 Key Principles within this Act are -

1. A presumption of capacity (you can make decisions)

2. The right for an individual to be supported to make their own decisions (people should support you to do this)

3. The right to make eccentric or unwise decisions (just because you make a 'strange' decision it doesn't mean people should stop you making other decisions)

4. Best Interests - anything done on behalf of a person without capacity must be in their best interests (if someone makes a decision for you it must be for your benefit)

5. Someone making these decisions must choose the 'least restrictive' ones. (The people who make the decisions should make sure you have as much freedom as possible)

For Guidance from CSCI (Commission for Social Care Inspection) re the MCA and social care click here.

There is a lot of good 'easy read' information available about the Act on various websites. These can be accessed via the links on the right of this page or by clicking the link below -

Easy read information - Mental Capacity Act

For update 19 (Oct 08) click here

For update 18 (July 08) click here

For update 17 (April 08) click here

An easy read newsletter about the Act is produced by the Public Guardianship Office click here for the 2007 July, the Sept or the Oct Newsletters.

To read about research regarding the Mental Capacity Act and people with a learning disability click here

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