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Are you researching mental capacity?

mental capacity research

Mental Capacity is a relatively new concept to many services and a considerable amount of research is being done to explore mental capacity and how the Mental Capacity Act is being used.

 

The Act sets out specific provisions around conducting research with participants who may lack capacity, and especially around the issue of informed consent.  

The Foundation has conducted research about mental capacity. Here is a summary of what we have learnt:

 

  • ethical approval will probably take longer than usual, you may have to wait to go to a specialist committee
  • you need to be aware of all the provisions in the Act for conducting research, especially informed consent (e.g. whether you need a consultee to agree consent)
  • the consent process will probably take longer than normal as you must ensure that the person who lacks capacity is supported to make their own decisions regarding the research as much as they possibly can
  • set aside extra resources (time and money) for the support required by this group (translators, advocates, involving carers, involving staff).

 

Whose decision?

This study looks at how mental capacity is assessed and how decisions are made. The study reports the views of service users, carers and health and social care staff. 

 

The Mental Capacity Act 2005

Online information about mental capacity and how the Mental Capacity Act 2005 could affect you. It also provides information on how to get help if you are worried about your ability to make a decision.

 

Making Decisions Alliance Website 

This website explains what the Making Decisions Alliance was and why we campaigned for the Act. It also contains information about implementation of the Act.

 

Policy and Campaigns Panel

We want to hear your views on mental health. We believe it is essential that your opinions and experiences shape the future of our policy work.

 

Useful organisations

Consultancy

We are able to offer consultancy on ways to to do your research about mental capacity -   more information email  webteam@mhf.org.uk 

More information

 

England and Wales

Nearly all mental capacity issues come under the Mental Capacity Act (MCA) 2005.

 

Find out more on the Office of the Public Guardian website. For advice and information, call their Customer Services Unit on 0845 330 2900.

The Department of Health has more information about research, Independent Mental Capacity Advocates (IMCAs), and changes to the Mental Capacity Act that are due to come into force in April 2009.

 

Where can I find out more?

Office of the Public Guardian website website has links to the Code of Practice for the Act and booklets about the Act for:

 

  • people who may be unable to make some decisions for themselves who wish to plan ahead for the future

  • family, friends and unpaid carers people who work in health and social care

  • advice workers 

  • explaining about the Act in Easier Read

  • explaining the Independent Mental Capacity Advocate (IMCA) service 

 

The Social Care Institute for Excellence (SCIE) has free training materials available for anyone working in health and social care which help explain how the Act should be used.

 

Scotland 

For people living in Scotland nearly all mental capacity issues come under the Adults with Incapacity (Scotland) Act 2000.

 

 

Northern Ireland  

Northern Ireland does not have mental capacity legislation so mental capacity issues are dealt with under common law.

 

 

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