WHAT THE MENTAL CAPACITY ACT DOES
The Mental Capacity Act 2005 provides a statutory frame work to strengthen the position of – yet also protect adults who may lack capacity to make some decisions for themselves for example, people with learning difficulties or mental health problems.
A Code of Practice accompanies the Act which provides guidance as to how the Act must be implemented and Section 42 of the Act requires that those acting in a professional capacity to have regard to the Code of Practice which has five key principles.
Where a person needs to make a significant decision in relation to housing matters and is showing signs of not understanding the information given to them, St Leger Homes staff do have a responsibility to assess that persons capacity. In these cases a formal assessment should be completed in line with MCA1 guidance.
If a person is assessed as lacking capacity then a ‘best interest’ decision on their behalf can be made.
If you require any additional advice or if you are unable to identify an appropriate health and social care professional involved in an individual’s care please , telephone Mental Health, Access Team, First Point of Contact on 01302 565556, the call handler will be able to provide appropriate advice