The Research Governance Framework

Social Care Research and the Mental Capacity Act 2005

The Mental Capacity Act 2005 comes into effect on 1st April 2007. The Act provides a statutory framework to empower and protect vulnerable people who are not able to make their own decisions. The Act will make clear who can make decisions on behalf of people who lack capacity and will enable people to plan for a time when they may lose capacity.

The Act also sets out the following regulations regarding social care research involving people who may lack capacity:

Research involving or relating to a person lacking capacity may be carried out if an "appropriate body" agrees the research is safe, relates to the person's condition and cannot be carried out effectively with those who have mental capacity;
The benefits to the person of taking part in the research must be greater than any risks or burdens. Or if the purpose of the research is to gain new scientific knowledge there must be minimal risk to the person and minimal intrusion or interference to their rights.
Carers or nominated third parties must be consulted and agree that the person would want to take part in the approved research project;
If a person shows resistance or indicate that they no longer wish take part the person must be withdrawn from the research project immediately.

Further information about The Mental Capacity Act 2005.

For further advice about The Mental Capacity Act 2005 and the RGF Process please contact the Performance Unit.

The Research Governance Framework

Social Care Research and the Mental Capacity Act 2005

further information