Adults with Incapacity and decision making

This law reform project concerns people who lack the mental capacity to make decisions for themselves, and their carers and people who work or engage with them.

After a long period of research, consultation and scrutiny, over the last 15 years, the Mental Capacity Act 2005 (England and Wales) received Royal Assent on 7 April 2005. This Act was implemented in October 2007 and was supplemented by a Code of Practice.

In Northern Ireland the final report of the Bamford Review on Mental Health and Learning Disability (established 2002) was published in August 2007. The recommendation of that Review included proposals for the introduction of new mental capacity legislation in Northern Ireland. In June 2008 the Response of the Northern Ireland Executive to the Review went out for consultation and responses were requested by 3 October 2008. The recommendations of the Review are being considered in reaching policy decisions on the way forward for this area of law.