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 of investigational medicinal products are governed separately.
View Mental Capacity Act 2005 at a glance
Introduction to the Code of Practice
The Code of Practice supports the Act by offering practical guidance on how to apply its principles in everyday situations. Researchers working with participants who lack capacity have a legal duty to have regard to the Code.
Chapter 11 explains how to involve adults who lack capacity to consent in research ethically and lawfully, including the requirements for research approval and respecting participants' rights and wishes.