Mental Capacity Act 2005

Sections one to four of the Mental Capacity Act (the principles, assessing capacity and determining best interests) are essential. They come into force on 1 April but only for the purposes of where an IMCA is involved and for the criminal offence.

The criminal offences of ill-treatment or wilful neglect of adults and children came into force in England and Wales on 1 April 2007.

Other aspects of the Mental Capacity Act were be implemented on 1 October 2007.

We have a responsibility to meet the needs of those (usually aged 16 years or over) who need assistance with making decisions and those who may not have the ability to make important decisions regarding their future social care, nursing, medical or safeguarding needs.

Please find information in the related documents section on the requirements of the Mental Capacity Act, how it has been implemented in Derbyshire and information on advance decisions to refuse treatment.