MC3 The Code of Practice

A Code of Practice is, in effect, a guide as to how an act should be applied in practice. It applies to everyone but is especially useful for professional staff who have a duty to follow it.

Lord Falconer, in his foreword to the Code of Practice that accompanied the Mental Capacity Act 2005, describes the act as:

a vitally important piece of legislation, and one that will make a real difference to the lives of people who may lack mental capacity.

(Department for Constitutional Affairs, 2013, Foreword)

Lord Falconer gave the following reasons for his statement, which also apply to the legislation in Scotland and Northern Ireland:

• It will empower people to make decisions for themselves wherever possible
• It will protect people who lack capacity by providing a flexible framework that places individuals at the very heart of the decision-making process
• It will ensure that they participate as much as possible in any decisions made on their behalf, and that these are made in their best interests
• It also allows people to plan ahead for a time in the future when they might lack the capacity to make decisions for themselves