Quick Guide – Mental Capacity Act

This quick guide is an attempt to “operationalise” some complex issues but you should refer to your own force policy and your supervisors for specific local requirements.

• INITIAL ACTION
• To determine whether or not someone lacks capacity the “ID A CURE” Test can be applied -
• Impairment – is there an impairment (temporary or permanent) which prevents the person from being able to ‘CURE’, as below; OR
• Disturbance - is there a disturbance of the mind (temporary or permanent) which prevents the person from being able to ‘CURE’, as below;

• AND – just one of the follow factors then need be absent for the person to lack capacity

• Communicate - can the person communicate their decision to you (even if not verbally)?
• Understand – can the person understand the information that would enable them to make the decision?
• Retain – can the person retain the information in order to make the decision?
• Employ - can the person employ the information to make the decision effectively?

• SUBSEQUENT ACTION
• If action involves removal to a healthcare facility, either a psychiatric unit or an Accident & Emergency department, ensure that NHS staff are made aware that the Mental Capacity Act has been applied.
• Inform your sergeant that this action has been taken so they can support your actions / decisions.

• LEGAL REMINDERS
• Determine capacity with reference to the test in s2 MCA - not a scientific assessment, just a considered decision.
• Whether someone can take a decision is determined by the approach in s3 MCA.
• Undertake proportionate acts to safeguard someone’s best interests (understood from s4 MCA), in accordance with the principles in s1 MCA.
• Officers are then protected from liabilities by virtue of s5 MCA, as long as they acted in the best interests of someone they believed lacked capacity.
• Any ‘restraint’ must be done in accordance with s6 MCA.

• See a more comprehensive post on the Mental Capacity Act for the police.