Mental Capacity Act (2005) and Code Of Practice
Learn about the legal and ethical foundations for including adults with limited capacity or communication difficulties in research. This section covers the Mental Capacity Act (2005) and its Code of Practice, providing essential guidance on safeguarding participants’ rights and conducting ethical, lawful research in England and Wales.
Supporting adults who may lack capacity or have communication difficulties to take part in research requires a clear understanding of the legal and ethical frameworks that protect their rights. The Mental Capacity Act (2005) and its accompanying Code of Practice set out essential guidance for researchers working in England and Wales.
Mental Capacity Act (2005)
The Mental Capacity Act provides a statutory framework designed to safeguard adults who may lack capacity to make specific decisions. It outlines principles to ensure people are presumed capable of making their own decisions unless it can be shown otherwise. The Act includes specific research provisions distinct from those covering welfare, finances, or treatment, while clinical trials are governed separately.
View Mental Capacity Act 2005 at a glance
Introduction to Code of Practice
The Code of Practice supports the Act by offering practical guidance on how to apply its principles in everyday situations. It sets out a legal duty to adhere to the Act and explains how to involve adults with impaired capacity in research ethically and lawfully—particularly in Chapter 26.