Mental Capacity Act 2005

(asked on 30th April 2018) - View Source

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what steps his Department is taking to ensure that all NHS staff are aware of and can correctly apply the Mental Capacity Act 2005.


Answered by
Caroline Dinenage Portrait
Caroline Dinenage
This question was answered on 3rd May 2018

The Department is working hard to support good local-level implementation of the Act including:

- Creation of National Mental Capacity Forum, chaired by Baroness Finlay, to support strong local implementation. Baroness Finlay is spearheading work with key organisations to improve training and spread good practice;

- Co-chairing with the Ministry of Justice an implementation group bringing together national statutory partners, including NHS England, to align work programmes;

- Through strong programmes of work around dementia, learning disability and mental health supporting and reinforcing the cultural change envisaged by the MCA of person-centred care and dignity and respect for all; and

- Commissioning the National Institute for Health and Care Excellence to create guidelines on decision-making and mental capacity for health and social care professionals.

All health and care providers and commissioners must take responsibility for implementing the Act, including ensuring that all professionals working with those who may lack capacity have a basic knowledge of the Act. Mental Capacity Act leads in hospitals, local authorities and clinical commissioning groups provide specialist advice on implementation and can be contacted for further information and assistance.

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