National Mental Capacity Action Day: Dr Rosie Harding
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This document summarizes research on supporting legal capacity for everyday decisions. The research found that everyday choices around clothes, food, and activities were often well supported, but more complex decisions around benefits, housing, and relationships were less supported. Disabled participants wanted extra support for medical, financial, and legal decisions. Care professionals preferred using best interests for "important" decisions. Capacity assessments did not always work as intended and sometimes excluded people from decisions they could make with support or considered people to have capacity when more support was needed. The research concludes that to better support legal capacity, we need to build on good practices, get better at supporting complex decisions, and ensure capacity assessments are used to support rather than deny legal capacity.
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- 1. Everyday Decisions: Supporting Legal Capacity under the MCA 2005 Prof Rosie Harding Birmingham Law School e: r.j.harding@bham.ac.uk t: @rosiehardinguk
- 3. Mental Capacity: the decision-making skills and competencies of a person. Mental capacity varies from person to person. Legal Capacity: the formal ability to hold and to exercise rights and duties. Everyone has a right to legal capacity. Some people need support to enjoy their legal capacity.
- 4. The Everyday Decisions Research Supported Decision- Making Everyday Choices and Decisions Good Practice
- 5. Everyday and life choices are often well supported Clothes and Food Activities and Holidays Working and Learning
- 6. Some choices were harder and less well supported State Benefits, Working, Avoiding Sanctions Housing Choices and the ‘Bedroom Tax’ Talking about Relationships and Friendships
- 7. Disabled participants wanted extra support for some decisions Medical: Take a supporter Financial: Easyread helps Legal: Where to get help?
- 8. Care professionals preferred best interests for ‘important’ decisions Medical: Clinical best interests Financial: Managers, Deputies Legal: Don’t know how to help!
- 9. Capacity assessments didn’t always work the way they should Capacity Assessment Not always decision- specific Some people excluded from decisions they could make with support Some people considered to have mental capacity when they needed more support
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