Easy Read
The Local Government Association have written an easy read version of the Mental Capacity Act that you can read by clicking here.
Mental Capacity Act
The Mental Capacity Act is a law that helps protect people aged 16 and over who can't make some or all decisions on their own.
Whether someone has capacity depends on the decision they need to make. This means we look at each decision on its own, at the time it needs to be made. For example, someone might be able to decide what to wear today, but not be able to make a big decision about money or health.
This Act makes sure people are only checked for capacity when a decision needs to be made. This is important because it protects people from being judged unfairly. It stops others from saying someone can't make any decisions just because they have a disability.
The Act also understands that people can make some decisions but not others. For example, someone might not be able to agree to medical treatment or manage money, but they can still choose what they want to eat.
Assessing capacity to make a decision
When assessing capacity to make a decision, it important to consider whether your child/young person is able to:
- understand the information relevant to the decision
- retain that information
- use that information to make a decision
- communicate their decision (whether by talking, using sign language or any other means)
Best interest decision making
If a person is found not able to make a certain decision — after having a capacity assessment — someone else can make that decision for them. But it must be what’s best for the person.
The person who needs the decision made (for example, a doctor needing permission to give treatment) should lead the process.
Talking to others is a key part of making a decision in someone’s best interests. The Mental Capacity Act says carers and family members must be involved.
Even if a young person can’t make the decision themselves, parents and professionals should help them be involved as much as possible.