The Research Governance Framework
Social Care Research and the Mental Capacity Act 2005
What is the Mental Capacity Act 2005
The Mental Capacity Act 2005 came 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 makes it clear who can make decisions on behalf of people who lack capacity and enables people to plan for a time when they may lose capacity.
The Mental Capacity Act is there to:
- strengthen the rights of people to make their own decisions and to be supported to do so;
- protect those who may lack capacity to make a particular decision;
- set out in which situations other people can make decisions and act on someones behalf if they are unable to do so;
- make sure people who lack capacity are involved in decisions that affect them;
- help resolve disputes about capacity issues
Social Care Research and the Mental Capacity Act 2005
The Act 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- If a person shows resistance or indicates that they no longer wish to take part, the person must be withdrawn from the research project immediately.
Further information see The Mental Capacity Act 2005.
For further advice about The Mental Capacity Act 2005 and the RGF Process please contact the Strategic Planning Department.
Page Last Updated: 6 September 2011
