Mental Capacity Act 2005

Supporting people to make decisions about their own health, welfare and finances

What is the Mental Capacity Act for?

The Mental Capacity Act 2005 came fully into force in October 2007. The Act supports those who find it difficult to make decisions sometimes or all of the time, or want to plan ahead in case they become incapable of making decisions in the future.

A person may have difficulties making some decisions either all or some of the time. This could be because of a range of reasons including a learning disability, dementia, a mental health problem, a brain injury or a stroke, or alcohol or drug misuse

What is in the Mental Capacity Act?

• 5 principles
• Making decisions
• Other measures in the Mental Capacity Act

What Hampshire County Council is doing about the Mental Capacity Act

Hampshire County Council has the lead role in implementation of the Act in the county.

• There is a Local Implementation Network co-ordinated by Hampshire County Council and involving representatives from health, social services, voluntary and independent sectors, who continue to meet regularly to plan training and awareness raising.

• There is a programme of one day training courses, briefing sessions and 'train the trainer' sessions to equip staff to use a resource pack in their teams to inform colleagues about the Act.

• Hampshire County Council Adult Services has a Mental Capacity Act Development Manager, based in Adult Services’ Headquarters, who raises awareness, develops policies and procedures, and gives practice advice relating to the Mental Capacity Act.

• Raising awareness of the Mental Capacity Act to improve services and protect vulnerable individuals is undertaken alongside the Council’s role in Safeguarding Vulnerable Adults.

• The contract for the Independent Mental Capacity Advocate (IMCA) service for Hampshire has been jointly commissioned by the County Council and Hampshire PCT and has been awarded to HARG (Hampshire Advocacy Regional Group).

  • Independent Mental Capacity Advocate (IMCA) service

• Hampshire County Council and Hampshire Primary Care Trust are the Supervisory Bodies for Registered Homes and Hospitals effected by the Deprivation of Liberty Safeguards.

• Hampshire County Council is operating a joint process to manage these safeguards from 1 April 2009.

  • See the DOLS web page for referrals and further information