Mental Capacity Act

The Mental Capacity Act went live on 1 April 2007.

The Act provides a statutory framework to empower and protect vulnerable people who are not able to make their own decisions. It makes it clear who can take decisions, in which situations, and how they should go about this. It also enables people to plan ahead for a time when they may loose capacity.

From 1 April 2009 onwards, the Act contains procedures for authorising the deprivation of liberty in hospitals and care homes of some people who lack capacity to consent to being there.

All of the Trust's services must act in accordance with the Act.

National Leaflets and Booklets

The Office of the Public Guardian has published a series booklets which provide information for staff, carers and service users.

You can view the MCA leaflets and booklets on the Office of the Public Guardian website, or download the following here:

pdf icon Guide on Adult Protection and the Independent Mental Capacity Advocate service

pdf icon Guide for those who may lack capacity 

pdf icon Guide for Professionals 

The Independent Mental Capacity Advocate (IMCA)

IMCAs are an extra safeguard for particularly vulnerable people in specific situations.

IMCAs should be involved where:

  • the person lacks capacity to take a decision in the particular matter under consideration
  • the person is 'unbefriended' - i.e. they have no one to represent their wishes and best interests.
    The contact details for the local IMCA are:

SEAP
7th Floor.
Cavendish House
Breeds Place
Hastings
East sussex
TN34 3AA

Tel: 03304 409 000
Fax: 01424 204 687

pdf icon Referring to the IMCA service



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