Mental Capacity Act 2005 Policy and Procedure

Name
Mental Capacity Act 2005 Policy and Procedure
Summary

This Policy and Procedure document provides advice and guidance to staff and partner agencies regarding the Mental Capacity Act 2005.

Rochdale Borough Council and partners will comply with the basic principles of The Mental Capacity Act 2005:

  • A presumption of capacity – every adult has the right to make his or her own decisions and must be assumed to have the capacity to do so unless it is proved otherwise.
  • The right for individuals to be supported to make their own decisions – people must be given all appropriate help before anyone concludes that they can't make their own decisions.
  • That individuals must retain the right to make what might be seen as eccentric or unwise decisions.
  • Best interests – anything done for or on behalf of people without capacity must be in their best interests.
  • Least restrictive intervention – anything done for or on behalf of people without capacity should be the least restrictive of their basic rights and freedoms.
Document last updated
Wednesday, 18 March 2020
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Document type
Policy