MCA Code of Practice

Why might it be of interest?

The legal framework provided by the Mental Capacity Act 2005 is supported by this Code of Practice (the Code), which provides guidance and information about how the Act works in practice.

This is statutory guidance which means that certain categories of people must have regard to the guidance – the Act does not impose a legal duty on anyone to ‘comply’ with the Code – it should be viewed as guidance rather than instruction. But if they have not followed relevant guidance contained in the Code then they will be expected to give good reasons why they have departed from it.

The Code offers guidance to anyone and everyone who is working with a person or people who may lack capacity to make certain decisions.  Further, the Code gives a list of people who must have regard to the guidance, which includes professionals as you might expect but it also includes people who have a Lasting Power of Attorney or Deputyship – and that usually means us parents!   So, if you have either of these authorities to make decisions for your young person you are basically held to the same standards as other professionals.  That’s not to say that anyone make decisions on behalf of a person unable to make the decision themselves can do so carelessly but with an LPA or Deputyship you have more of a duty on you to account for your actions if you have not followed the Code.