Mental capacity and consent

The Mental Capacity Act 2005 protects the rights of people who lack capacity to make their own decisions.

In the past, people have been confused about when and how to make decisions for people with profound and multiple learning disabilities (PMLD). The Mental Capacity Act 2005 puts into law the rights of people who lack capacity to make their own decisions, as well as those who can make their own decisions. 

If used properly, the Mental Capacity Act can be used to:

• empower people with PMLD to make their own decisions where possible
• help people to make a decision in the best interests of someone with PMLD, if the person lacks capacity to make that decision themselves
• make sure that people with PMLD get the medical treatment they need even if they are unable to consent to it. 
• make sure that any decision to deprive someone with PMLD of their liberty in order for them to get the treatment they need, is made in their best interests, is properly authorised and is closely monitored.

We want:

• families and carers to understand their rights under the Mental Capacity Act and what they can do if they don't agree with the ‘decision maker'.
• people to make decisions which are really in the best interests of the person with PMLD - without making assumptions about their quality of life.
• all information provided to help people make decisions about someone's life to be free from assumptions about quality of life
• people with PMLD to be meaningfully involved when someone is making the decision in their best interests.

Read Sam's story to find out why mental capacity and consent is such an important issue for people with PMLD. 

Share your story!

Tell us your story about how you have used the Mental Capacity Act in real life situations.