Implementation of the Legislation:
Implementation of the Mental Capacity Act 2005 begins on 1st
April 2007 when the Independent Mental Capacity Advocates service
(IMCAs) starts working in England. In Wales, the Welsh Assembly's
Minister for Health & Social Services will shortly be
announcing the commencement date for IMCAs.
The Code of
Practice and the criminal offence of ill treatment and wilful
neglect will also be introduced in England and Wales from April
2007.
From October 2007, all other elements of legislation, including
the new Court of Protection, Public Guardian and the Office of the
Public Guardian will become operational for England and Wales.
Reading material:
As part of the implementation process the
Department for Constitutional Affairs (DCA) has produced
booklets about the Mental Capacity Act. These can be obtained by
following the link to the DCA.
Together with the British Psychological Society the College has
also produced a brief leaflet for psychologists and psychiatrists.
This will be available shortly via the web-site and with the
Bulletin.
The College has been working with the British Psychological
Society (BPS) to establish a network of psychiatrists and
psychologists across England and Wales with a special interest in
this topic. In each Region someone has been appointed to lead on
the training and implementation.
Information on the initial evaluation of the seven pilot sites
for Independent Mental Capacity Advocates undertaken by the
University of Cambridge is available
here.
This page will be updated with further information for
psychiatrists. In the meantime please refer to the information
contained on the Department for Constitutional Affairs
website.
Development of the Legislation:
The Mental Capacity Act received Royal Assent on 7th April 2005.
In October 2003, the College, along with other stakeholders,
presented evidence to the Parliamentary Joint Committee
scrutinising the legislation.
Following a generally positive Government response to the Joint
Committee's recommendations in February 2004, a full Bill was
introduced into Parliament. The Bill passed through Parliament
during the 2004/05 session and implementation is expected in
April 2007.
For other documents relating to Bournewood please refer to
our page on the reform of the Mental Health Act.