Interpreting the Mental Capacity Act (2005) in mental health care. (360G-Wellcome-092906_Z_10_Z)

The Mental Capacity Act (2005) has been in force since 2007. It applies to people who lack capacity from whatever cause. It has been lauded as an impressive and important piece of legislation which deserves ongoing parliamentary review . The Act aims to safeguard the principle that people, when they have capacity to do so, should be able to decide for themselves in relation to health and social care. This emphasis on patient autonomy has led to concerns being raised in areas where traditionally a more paternalistic approach to care has been the norm and where the application of the Mental Capacity Act has been novel and more able to create confusion. Two examples of this are: 1) presentations to accident and emergency departments by people with self-harming behaviour and 2) ?Deprivation of Liberty? in people without capacity to decide treatment in care facilities.