This policy provides guidance to staff on the main aspects of the Mental Capacity Act 2005 (“the Act”) and how it applies to their work with patients who may be affected by the provisions of the Act. The Act sets out the statutory basis for the assessment of mental capacity and defines assessment responsibilities for a broad range of healthcare professionals.



This policy is for all staff working within Ashford and St Peter’s Hospitals NHS Foundation Trust (ASPH or the Trust) either employed directly or working through an agency who are involved in the care and/or treatment of a person who is aged 16 years and older and may lack capacity.



The processes outlined in this policy must be followed to ensure that individuals should be supported to make their own decisions wherever possible and, where the person is not able to make their own decision, that the decisions made are in line with the patient’s best interest. The policy is aimed at ensuring that the Trust work is in accordance with the Mental Capacity Act 2005.


Policy Details

Download: PDF version
Compiled by: Sarah Hill & Laura Southam, Safeguarding Adults Nurse
Ratified by: Safeguarding Committee
Date Ratified: April 2024
Date Issued: May 2024
Review Date: May 2027
Target Audience: All staff
Contact name: Safeguarding Adults Team


See also:

  • Any relevant Trust policies / guidelines or procedures


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