Revising the Mental Capacity Act 2005 Code of Practice: Call for evidence

Closes 7 Mar 2019

Consultation Contents

This call for evidence invites you to share your thoughts and provide feedback on how we can best refine and improve the Code of Practice to reflect current needs. The questions have been split by each chapter of the Mental Capacity Act 2005 Code of Practice document. You have the option to provide comments on as many of the sections as you wish. Please save your responses regularly to avoid having to start the survey again.

If you would like to save and finish your response later, you will need to enter your email address. We will send you an email containing a unique link that will let you return to edit and submit your response.

Page Response
Personal details (Required)
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Code of Practice Format
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Chapter 1 – What is the Mental Capacity Act 2005?
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Chapter 2 – What are the statutory principles and how should they be applied?
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Chapter 3 – How should people be helped to make their own decisions?
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Chapter 4 – How does the Act define a person’s capacity to make a decision and how should capacity be assessed?
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Chapter 5 – What does the Act mean when it talks about ‘best interests’?
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Chapter 6 – What protection does the Act offer for people providing care or treatment?
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Chapter 7 – What does the Act say about Lasting Powers of Attorney?
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Chapter 8 – What is the role of the Court of Protection and court-appointed deputies?
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Chapter 9 – What does the Act say about advance decisions to refuse treatment?
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Chapter 10 – What is the new Independent Mental Capacity Advocate service and how does it work?
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Chapter 11 – How does the Act affect research projects involving a person who lacks capacity?
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Chapter 12 – How does the Act apply to children and young people?
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Chapter 13 – What is the relationship between the Mental Capacity Act and the Mental Health Act 1983?
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Chapter 14 – What means of protection exist for people who lack capacity to make decisions for themselves?
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Chapter 15 – What are the best ways to settle disagreements and disputes about issues covered in the Act?
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Chapter 16 – What rules govern access to information about a person who lacks capacity?
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Key words and phrases used in the Code
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Annex A
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