The Mental Capacity Act is designed to protect and empower people who may currently lack the mental capacity to make their own decisions about their care and treatment. It also facilitates people who have capacity to make preparations for a time when they may lack capacity in the future.
Since the Act came into force in 2007, the Code of Practice has provided practical guidance regarding its implementation. The Code offers examples of best practice to both carers and practitioners, who have a formal duty to adhere to the Code. It also serves as a fundamental piece of guidance to the friends and family of the individual, to enable them to better understand the practical insight the Act offers to those who lack capacity.
The Call for Evidence will seek to establish the extent to which the current Code of Practice reflects changes in case law and lessons learned through practical use of the Code of Practice over the last 11 years. It is important that we ensure that the Code remains relevant and places individuals at the very heart of the decision-making process. The questions in the call for evidence are designed to inform the Government’s decision-making on which aspects of the Code require revision.