Mental Capacity Act
Mental Capacity Act
The Mental Capacity Act 2005 provides a statutory framework to empower and protect vulnerable people who are not able to make their own decisions. It makes it clear who can take decisions, in which situations, and how they should go about this. It enables people to plan ahead for a time when they may lose capacity.
Guidance on the Act is provided in the Code of Practice 
People who are placed under a duty to have regard to the Code include those working in a professional capacity e.g. doctors and social workers.
The Act was introduced in April 2007 with the criminal offence of ill treating or willfully neglecting a person without capacity, it also introduced the Independent Mental Capacity Advocates (IMCA) Service. In October the Act was implemented in full with the introduction of the new Court of Protection, advanced decisions, lasting powers of attorney etc. This area will be developed as guidance is provided by the Department of Health.
What does the Act do?
The Act enshrines in statute current best practice and common law principles concerning people who lack mental capacity and those who take decisions on their behalf. It replaces current statutory schemes for enduring powers of attorney and Court of Protection receivers with reformed and updated schemes.
The whole Act is underpinned by a set of five key principles stated at Section
- A presumption of capacity - every adult has the right to make his or her own decisions and must be assumed to have capacity to do so unless it is proved otherwise;
- The right for individuals to be supported to make their own decisions - people must be given all appropriate help before anyone concludes that they cannot make their own decisions;
- That individuals must retain the right to make what might be seen as eccentric or unwise decisions;
- Best interests - anything done for or on behalf of people without capacity must be in their best interests; and
- Least restrictive intervention - anything done for or on behalf of people without capacity should be the least restrictive of their basic rights and freedoms.
Information booklets
A series of information booklets providing introductory information on the Mental Capacity Act are available:
- Booklet 1
- For people who may be unable to make some decisions for themselves or who wish to plan ahead for the future - Booklet 2 - For family, friends and unpaid carers
- Booklet 3 - For people who work in health and social care
- Booklet 4 - For advice workers
- Booklet 5 - An Easyread version
- Booklet 6 - The Independent Mental Capacity Advocate (IMCA) service
What's happening in Tameside?
Tameside MBC have nominated a lead officer to ensure both the local authority and partner agencies are prepared for the Act.
There is a local implementation network in place, made up from our partner agencies, to look at issues relating to their service area. This network includes a range of representatives from both statutory and the voluntary services.
Awareness Training
In partnership with Stockport MBC, Tameside MBC are currently running basic awareness training for first line management from all partner agencies. Further specialist training will be provided later on in the year.
Lastly, alternative awareness sessions aimed at all will take place early in the New Year.
For further information on the training please contact us using the details below
Useful Contacts
The Carers Centre Tameside
Tameside Carers Centre, 50 Warrington Street, Ashton-under-Lyne OL6 7JX
0161 342 3344
Tameside and Glossop Mind
The Mind Centre, 216-218 Katherine Street, Ashton-under-Lyne OL6 7AS
0161 330 9223 
0161 339 1100 
office@tgmind.co.uk (Website: www.tgmind.co.uk )
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