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



Page last modified 21 January 2014.

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