‘Mental capacity’ means being able to make your own decisions.

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Someone lacking capacity – because of an illness or disability such as a mental health problem, dementia or a learning disability – cannot do one or more of the following four things:

• Understand information given to them about a particular decision
• Retain that information long enough to be able to make the decision
• Weigh up the information available to make the decision
• Communicate their decision.

We all make decisions, big and small, every day of our lives and most of us are able to make these decisions for ourselves, although we may seek information, advice or support for the more serious or complex ones. For large numbers of people their capacity to make certain decisions about their life is affected either on a temporary or on a permanent basis.

• A person with a learning disability may lack the capacity to make major decisions, but this does not necessarily mean that they cannot decide what to eat, wear and do each day.
• A person with mental health problems may be unable to make decisions when they are unwell, but able to make them when they are well.
• A person with dementia is likely to lose the ability to make decisions as the dementia gets more severe.

What causes a lack of mental capacity?

A lack of mental capacity could be due to:

• A stroke or brain injury
• A mental health problem
• Dementia
• A learning disability
• Confusion, drowsiness or unconsciousness because of an illness or the treatment for it
• Substance or alcohol misuse.

Mental capacity and the Mental Health Foundation

We are recognised as a leading expert on all aspects of mental capacity and are unique because our work focuses on the three main groups of people affected by mental capacity issues:

• people with serious mental health problems
• people with Dementia
• people with learning disabilities (through the Foundation for People with Learning Disabilities).

Since 2006 we have successfully carried out a number of projects on mental capacity issues as well as doing extensive policy and public affairs work in the field. We are seen as being the leading third sector organisation with expertise in the mental capacity field from the perspective of many key policy makers, health and social care services, other third sector organisations, the media and other stakeholder organisations.

Best Interests Decision Making

We were a research partner on a major study of the Mental Capacity Act led by the Norah Fry Research Centre at the University of Bristol and also involved the University of Bradford. The study looked at best interests decisions made under the Act and its final report found that there was a lot of good practice but some health and social care staff still need to be more aware of how to apply the Mental Capacity Act

AMCAT

We have developed the Assessment of Mental Capacity Audit Tool (AMCAT) tool – a free, confidential online way for health and social care practitioners to evaluate, reflect and learn about an assessment of mental capacity they have been involved in to improve the way they practice.

BRIDGET

We’ve also developed the Best Interest Determination General Research and Evaluation Decisions (BRIDGET) tool, which allows health and social care staff to evaluate best interests decision that they have been involved with.

Training and Consultancy

We provide a range of training courses and seminars covering general awareness of the Act through to more specific areas such as Deprivation of Liberty Safeguards and implementing the Act in general hospital settings. We also provide a service to audit existing policies and procedures as well as providing expert assistance on specific case discussions.

Make an appointment with us at GBHWC