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Implementation

The Mental Capacity Act came into force in 2007. This section contains information about the process that took place in preparation before the Act came into force.

Below you can find:

Important dates in the implementation process

February 2007

On the 22nd February, the Code of Practice for the Mental Capacity Act 2005 was laid before Parliament.

It provides guidance and information on how the Act will work on a day to day basis for anyone who works with or cares for people who lack capacity, including family, friends and unpaid carers.

Subject to the views of Parliament the Code of Practice will be formally issued during April 2007. Once the Mental Capacity Act comes into force, certain groups of people will be legally required to have regard to the Code when acting or making decisions on behalf of people who lack capacity.

Last year we received 166 responses to the public consultation on the draft Code. We have since revised the draft Code to take on board many of the helpful comments received during the consultation. We were also very keen to make sure that the final version met the needs of all those who will be using it including family carers and other unpaid carers. So we also worked on improving the overall style and format of the Code to ensure that it is clear and accessible.

For more information and to download the Code of Practice for free please go to www.dca.gov.uk/menincap/legis.htm#codeofpractice.

Please note that you may need to refresh the webpages to see the new information. You can do this by pressing CTRL and F5 on your keyboard or clicking the 'refresh' button on your browser toolbar.

Certain parts of the Act start in April 2007 and the rest come into force in October 2007. For more details go to /www.dca.gov.uk/menincap/legis.htm#timetable

December 2006

The Department of Health have recently published the report of the evaluation of the Evaluation of the pilot Independent Mental Capacity Advocate (IMCA) service pilots. It is available to download from their website:

http://www.dh.gov.uk/PublicationsAndStatistics/Publications/PublicationsPolicyAndGuidance/
PublicationsPolicyAndGuidanceArticle/fs/en?CONTENT_ID=4141503&chk=hgQCpw

November 2006

July 2006

Consultation on the draft rules for the new Court of Protection

The Mental Capacity Act establishes a new specialist Court, to be known as the Court of Protection, with a new jurisdiction to deal with decision making for adults who lack capacity. The new court will be able to make decisions both, as the current Court of Protection can, about property and affairs but will now also be able to make decisions about personal welfare matters. In addition, the court will have the power to make a declaration as to whether or not a person has capacity to make a particular decision or in relation to a particular matter.

July 2005 - Conference

The Making Decisions Alliance, working with the Department for Constitutional Affairs and the Department of Health, in partnership with Pavilion presents:

Operating to Full Capacity : The implications of the Mental Capacity Act

The new Mental Capacity Act 2005, which covers England and Wales, sets out a statutory framework for people who may not be able to make their own decisions, for example, because of a learning disability, an illness such as dementia or mental health problems. It sets out who can take decisions in which situations, and how they should go about it. The Act will transform the lives of up to two million disabled people, older people and their carers, and the way they are supported.

This conference will explain the key provisions of the Act and its practical implications in preparation for its implementation in 2007. The conference will equip people with awareness and understanding, not only of the new legislation but also of real-life situations in which the Act will operate.

The conference will also provide the forum for an exchange of views on the challenges and opportunities for implementation both to those people responsible for policy at a local level and for front-line delivery of services.

Confirmed speakers include:

  • Toby Williamson - Head of Policy, Mental Health Foundation and Co-chair, Making Decisions Alliance
  • Baroness Ashton - Parliamentary Under Secretary of State, Department of Constitutional Affairs
  • Richard Kramer - Director of Policy, Turning Point and Co-chair Making Decisions Alliance
  • Angie Lee Foster -Head of Policy, National Autistic Society
  • Chris Heginbotham - Chief Executive, Mental Health Act Commission.


July 2006

The Independent Mental Capacity Act (IMCA) regulations have been laid before Parliament today and can be found on the OPSI website at:

15th March 2006

On 9th March government published the Mental Capacity Act Code of Practice for public consultation. More information.

27th February 2006

The Department for Constitutional Affairs has announced its consultation on the Lasting Powers of Attorney (LPAs) which form part of the new Mental Capacity Act. LPAs will replace the existing system of Enduring Powers of Attorney as the main way of choosing a decision-maker to act in the event of one losing mental capacity. In addition to property and affairs, under the new Act people will also be able to delegate decisions affecting their personal welfare, including healthcare.

The consultation asks for views and comments on draft forms for appointing Lasting Power of Attorney as well as guidance on whether to make a Lasting Power of Attorney and how to complete the form.

The consultation ends on the 14th April 2006 and can be found at:

The Department has also stated that the consultation on the draft Codes of Practice for the Act will be announced on the 9th March and is likely to run for 3 months.

Thursday 8th September 2005

Independent Mental Capacity Advocacy in Wales

The Welsh Assembly government has issued a consultation document on the Mental Capacity Advocacy Service in Wales.

The closing date for comments is 31 October 2005.

A copy can be found at www.wales.gov.uk/subihealth/recent-e.htm

March 2005

The Mental Health Foundation and the Foundation for People with Learning Disabilities hosted an online conference on the afternoon of Wednesday 23rd March 2005 entitled Values and Mental Capacity. We are doing it in partnership with the National Institute for Mental Health in England (NIMHE), the Sainsbury Centre for Mental Health and the University of Warwick.

The conference was free and should be of interest to service users, people with disabilities, carers, academics, professionals and policy makers and the range of papers at the conference aims to reflect this mix.

Themes included:

  • What is mental capacity and why do values matter?
  • Whose values and what’s going on with values?
  • Issues in assessing capacity and values
  • Current developments in policy and law

More information at www.mentalhealth.org.uk/connects

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Mental Capacity Act Updates

For information and updates on the implementation process of the Mental Capacity Act, see updates from the Mental Capacity Act Implementation team:

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MDA responses to public consultations
The information on this page was provided by members of the Making Decisions Alliance. It was last updated on 14 January, 2008

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This website is run on behalf of the Making Decisions Alliance by the Mental Health Foundation / Foundation for People with Learning Disabilities, 9th Floor, Sea Containers House, 20 Upper Ground, London SE1 9QB. Tel: +44 (0)20 7803 1100. Press office tel: +44 (0)20 7803 128. Email: mhf@mhf.org.uk Website: www.mentalhealth.org.uk