Mental Capacity

Some people do not have the mental capacity to make certain decisions because of a condition or illness such as a stroke, dementia or a learning disability.

During 2007, the Mental Capacity Act 2005 comes into force in two stages. It supports people who have difficulty making decisions about their lives and ensures that the best interests of people who lack the capacity to make these decisions are respected.

The Act is having an important impact on how the Council and its partners in the NHS provide services to people who lack capacity.

Independent Mental Capacity Advocate

Since 1 April 2007, people who lack capacity to make decisions about major hospital treatment or a change of accommodation will have an Independent Mental Capacity Advocate (IMCA) to look after their interests when this kind of decision is needed.

The IMCA will be arranged by the medical professional or the social worker making the decision but they are completely independent of the Council and the NHS.

A new offence

A new criminal offence - the ill-treatment or neglect of a person lacking capacity - was also introduced in April 2007. If you suspect that someone you know may be the victim of abuse, report it to the Adult Social Care Team on 020 7364 5005 or e-mail adultcare@towerhamlets.gov.uk.

More changes from 1 October 2007

• From October, social workers and social care staff have a legal duty to help a person make their own decisions, even when it may seem they aren't able to do so.
• If they are sure the person can't make the decision, then they can make decisions for them as long as they are in the person's best interests. This includes considering whether the decision agrees with wishes or beliefs the person had in the past and whether they might recover capacity in the future.
• If a person can't make decisions and those caring for them cannot agree what to do, it can be referred to the Court of Protection for a decision. The Court of Protection will also continue to make judgments about the financial affairs of people who lack capacity.
• There are also new ways in which everybody can prepare for a time when they are not able to make decisions. You can create a Lasting Power of Attorney so that somebody you trust can handle your property and financial affairs and/or decisions about your personal welfare (like whether you should live in a care home). You can also make a decision to refuse treatment that will keep you alive artificially if you are in a coma or have a similar condition.

More information

If you wish to find out more about the Mental Capacity Act, please visit the Department of Constitutional Affairs (DCA) Mental Capacity webpage at www.dca.gov.uk/legal-policy/mental-capacity/index.htm.

The DCA have produced the following leaflets and booklets;
Mental Capacity Leaflet in English (PDF 732kb, 8 pages)
Mental Capacity Leaflet in Bengali (PDF 222kb, 8 pages)
Mental Capacity Leaflet in Chinese (PDF 229kb, 8 pages)
Mental Capacity Leaflet in Somali (PDF 281kb, 8 pages)
Mental Capacity Leaflet in Vietnamese (PDF 270kb, 8 pages)

Booklet for people who may be unable to make some decisions for themselves/ who wish to plan ahead for the future
Booklet for family, friends and unpaid carers
The Independent Mental Capacity Advocate (IMCA) service booklet (PDF 594kb, 41 pages)

Mental Capacity in Tower Hamlets

The Council is working with the local NHS and other partners to make sure that the Mental Capacity Act is introduced in the borough effectively. It has set up a Local Implementation Network, which has;

• Organised training for staff
• Commissioned Advocacy Partners, a respected advocacy organisation, to provide the Independent Mental Capacity Advocate service in the borough
• Produced a policy and procedure to guide staff

If you have any questions about the Mental Capacity Act in Tower Hamlets, please e-mail policyandperformance@towerhamlets.gov.uk.