• Skip to content
  • Skip to navigation
Logo: Rotherham Metropolitan Borough Council
Your Account
  • Menu
Close menu
Close
  • About the Council
  • Business and Economy
  • Children and Families
  • Community and Living
  • Council Tax and Benefits
  • Education and Learning
  • Environment and Waste
  • Health and Social Care
  • Housing
  • Jobs and Careers
  • Leisure and Culture
  • Planning and Development
  • Transport and Streets
  • See all news
  • See all events
  1. Home
  2. Health and social care
  3. Adult social care
  4. About adult social care
  5. The Mental Capacity Act 2005

The Mental Capacity Act 2005

The Mental Capacity Act (MCA) 2005 protects and empowers vulnerable adults who are not able to make decisions for themselves. This might be because of:

  • a learning disability
  • dementia
  • a mental health problem
  • a head injury/stroke
  • a drug, alcohol or substance addiction

The Act sets out a legal framework of how to act on behalf of someone who lacks the capacity to make a specific decision. These may be decisions about day-to-day matters like what to buy when doing the weekly shop. They may be decisions about major life changing events, like whether the person should move into a care home or have a major surgical operation.

It also allows people to plan for a time when they may lack mental capacity in the future.

The Act sets out in five statutory principles to ensure the right action is taken in individual cases:

  • A person must be assumed to have capacity unless it is established that they lack capacity.
  • A person is not to be treated as unable to make a decision unless all practicable steps to help have been taken without success.
  • A person is not to be treated as unable to a make a decision just because they make an unwise decision.
  • An act or decision done under this Act for a person who lacks capacity must be made in their best interests.
  • Before the act or decision is carried out, it must be considered whether the intended purpose can be achieved effectively in a way that is less restrictive of the person’s rights and freedom of action.

If you need more information around how the Mental Capacity Act should be used in practice, consult the Mental Capacity Act Code of Practice.

Planning ahead

No-one knows when they might lose capacity. In the early stages of a deteriorating illness, it is a good idea to start planning for the future.

Find out more about Planning ahead

The Mental Capacity Act allows everyone to plan for a time when they may lack capacity.

Further information about Mental Capacity

  • Read the Mental Capacity Act 2005 Code of Practice
  • Find out more about the Deprivation of Liberty Safeguards (DoLS)

Stay connected

Sign up for our newsletter
Footer Logo: Rotherham Metropolitan Borough Council
  • About this website
  • Accessibility statement
  • Privacy
  • Languages
  • Contact Us
  • Location
  • Terms and conditions
  • Facebook logo
  • Twitter logo
  • YouTube logo
  • Instagram logo
  • LinkedIn logo

All content © 2025 Rotherham Metropolitan Borough Council. All Rights Reserved.

Designed and Powered by Jadu.

chatbot launch button image
Left Right
Full Wide Split Narrow
Chatbot avatar image
Hi, I'm Bailey
I'm here to answer your questions.

Hi, I'm Bailey, how can I help you today? You can ask me questions relating to a number of council services.

To start a chat you will need to click 'continue' to confirm you have read and understood our terms and conditions Privacy Policy.

Privacy Statement