News Release, 8 April 2005
The Mental Health Foundation welcomes the new mental capacity legislation for England and Wales, which has been introduced following two years of persistent campaigning. The Act will significantly improve the rights of people affected by it, though much work still needs to be done to ensure its successful implementation.
The charity’s work has resulted in the government including in the Act:
- A non-discrimination clause to ensure that all options for care and treatment are considered for people who lack capacity irrespective of age, illness or disability. This will guard against assumptions being made that life has less value for people who have difficulty making decisions or need support to make those decisions.
- Strong provisions to ensure that people are helped to understand the information and communicate it in a way that assists their ability to make a decision. A person should not be considered incapable because insufficient time has been taken to understand a person.
- An agreement that advance statements should be considered as part of a best interest determination.
The Mental Capacity Act, due to come into force in 2007, will provide a coherent legal framework for people who may not be able to make their own decisions because of a learning disability, an illness such as dementia or mental health problems.
Toby Williamson, Head of Policy at the Mental Health Foundation, said, “We are relieved that people in England and Wales who lack capacity because of mental health problems and learning disabilities, will at last be given the rights they deserve.”
Ends
Return to news releases 2005
For further information and interview requests contact please contact the press office on 020 7803 1105 / 1128 or email the press office
|
|
|
|
|
|
|
|
|
|
|
|
|
|
