DEPARTMENT FOR
CONSTITUTIONAL AFFAIRS News Release (No:042/07) issued by The
Government News Network on 23 April 2007
The Code of
Practice for people making decisions on behalf of individuals who
lack mental capacity was published by the Government today.
Constitutional Affairs Minister Cathy Ashton said the Code was an
important milestone in the implementation of the Mental Capacity Act.
The Code, which sets out best practice for professionals, family
carers and other groups, will be an essential guide to help people
make decisions that are in the best interests of some of the most
vulnerable people in society. The Code, part of the Mental
Capacity Act 2005, covers an extensive range of different
decisions that might need to be taken. Professionals and other
paid carers are expected to have regard to the Code when working
with someone who lacks capacity.
Cathy Ashton said:
"Today marks an important step in ensuring that people who
lack capacity to make decisions get the best deal when it comes to
their care. "All too easily, these vulnerable people are at
risk of having decisions made for them that are inappropriate or
do not properly take into account their needs or wishes.
"The Code lays out what anyone providing care or working in
this area should take into account when making decisions on behalf
of others. It has been written to meet the needs of a wide and
varied audience for clear and accurate guidance.
"It is important to remember that some people may lack the
capacity to make more complex decisions, but can still make other
decisions about, for example, what to eat or wear or if they want
to go out for the day. That they must be allowed to do so is also
laid down in the Code."
The Code follows extensive consultation to make sure it
represents the best interests of vulnerable people.
The Mental Capacity Act 2005 provides a statutory framework for
people who lack the mental capacity to make their own decisions.
It sets out who can take decisions, in which situations, and how
they should go about this. It also enables people to make
provision for a time in the future when they may lack capacity to
make some decisions.
Notes to Editors:
1. The Code and the Mental Capacity Act are available at http://www.dca.gov.uk/capacity/index.htm.
2. The Code applies immediately to those aspects of the Mental
Capacity Act relating to Independent Mental Capacity Advocates and
the new criminal offence of ill-treatment or neglect and for all
other provisions from 1 October once they come into force.
3. The Mental Capacity Act received Royal Assent on 7 April 2005.
Some parts of the Act came into affect in April 2007 with the rest
commencing in October 2007.
4. Parts of the Act that came in to effect in April 2007 include
the new criminal offence of ill-treatment or willful neglect of
people lacking mental capacity and the Independent Mental Capacity
Advocate Service in England (IMCAs).
5. Other parts of the Act including the Court of Protection, the
Office of the Public Guardian,Lasting Powers of Attorney and the
IMCA service for Wales will come into effect in October 2007.
http://www.dca.gov.uk
ENDS