Mental Capacity Act 2005
From 1 October 2007, research covered by the Mental Capacity Act cannot include any person who lacks the capacity to consent to the research unless:
- The research has the approval of a research ethics committee recognised by either the Secretary of State or the Welsh Assembly Government, as appropriate
- The researcher considers the views of carers and other relevant people
- The research treats the person’s interests as more important than those of science and society, and
- The researcher respects any advance decisions or expressed preferences of a person who lacks capacity and any objections the person makes during the research
The following documents provide further information about the implications of the Mental Capacity Act and research:
A Simple Guide to the Mental Capacity Act 2005 - NHS Research and Development Forum
The Mental Capacity Act - Fact Sheet for Social Scientists
The Mental Capacity Act Code of Practice
