The Mental Capacity Act (MCA) was updated in 2005. It applies to everyone involved in the care, treatment and support of people aged 16 and over. They must be living in England and Wales, and unable to make all or some decisions for themselves.
The act ensures that:
- It empowers those who lack capacity to make as many decisions for themselves as possible.
- Any decision made or action taken on their behalf considers their best interests.
- Decisions about mental capacity are made on an individual basis, and may vary according to the nature of the decision.
- Someone who may lack capacity to make a decision in one area of their life may be able to do so in another.
Find out more on the Mental Health Foundation website. The Government also has information about how to make decisions under the Mental Capacity Act.
Download an Easy Read summary of the Mental Capacity Act
Transition from Childhood to Adulthood
The Care Act says that if someone will have needs when they turn 18, the Local Authority (LA) must assess them. This can be a child, young carer or an adult caring for a child. The Council will assess a child at this stage if we believe there is 'significant benefit' of doing so.
This is regardless of whether the child or individual currently receives any services.
The Social Care Institute for Excellence has developed resources to help with transitions. Council staff, young people and carers can plan for transition to adult care with these resources.
Resources
- The Social Care Institute for Excellence's Mental Capacity Resources and Services
- Mencap's Mental Capacity Act resource. This aims to make sure that families are involved in best-interests decision-making
- The Council for Disabled Children's Transition Information Network. This gives information about the transition process in England. It focuses on young people with disabilities transitioning to adulthood