Policy briefing

NICE publishes new mental capacity guideline

After concerns about the Mental Capacity Act 2005, NICE issues a guideline on decision-making for over 16s

Following concerns about the Mental Capacity Act 2005, NICE issues a guideline on decision-making for over 16s

Essential facts

According to the Care Quality Commission (CQC), around two million people in England and Wales may lack the capacity to make some decisions for themselves at some point in their lives because of injury, illness or disability. The Mental Capacity Act 2005 was designed to protect and empower individuals in these circumstances. But the CQC identified some serious concerns about the Act’s practical implementation. In 2014, a House of Lords select committee reported on the issue, adding momentum to the need for improvement.

What’s new?

After a request from the Department of Health, the National Institute for Health and Care Excellence (NICE) has developed a guideline on

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