Issue date: 8 April 2005
The Foundation for People with Learning Disabilities 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 give information in an appropriate way to understand a person’s wishes and feelings.
- An independent mental capacity advocate to support and represent the wishes of the person who lacks capacity as far as possible, where they have no one else to represent them.
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 a particular decision because of a learning disability, an illness such as dementia or mental health problems.
Hazel Morgan, Co-Director at the Foundation for People with Learning Disabilities, said,
“We are relieved that people in England and Wales who lack capacity for a particular decision because of mental health problems and learning disabilities, will at last be given the rights they deserve.”
ENDS
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Note to editors
For further information and interview requests contact please contact the press office on 020 7803 1105 / 1128 or email the press office
The Foundation promotes the rights, quality of life and opportunities of people with learning disabilities and their families. We do this by working with people with learning disabilities, their families and those who support them to:
- Do research and develop projects that promote social inclusion and citizenship
- Support local communities and services to include people with learning disabilities
- Make practical improvements in services for people with learning disabilities
- Spread knowledge and information.
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