The Mental Capacity Act (Northern Ireland) 2016 is the state’s first independent legislation to cover the legalities surrounding a lack of mental capacity. It was enacted in May 2016, now being available for public access on the UK government website.
“I am delighted to announce that the Mental Capacity Act (2016) has been passed in Northern Ireland,” commented Robin Newton, DUP MLA. “This brings forward legislation in line with the rest of the United Kingdom.”
Divided into 15 parts, the Act starts by clearly defining key terms such as ‘lacking capacity’ and ‘best interests decision making’, making this the first time that Northern Ireland has explicitly defined mental capacity through legislation. It also defines the High Court’s role in making decisions on a person’s behalf, including their ability to appoint deputies to act on someone’s behalf.
The rest of the Act is a thorough, directive account of the safeguards that are now in place to protect the care, treatment and personal welfare of those who lack capacity.
This is also the first time that mental health and mental capacity law has ever been combined, ensuring that those who have capacity issues as a direct result of mental health are also being protected.
The Act extends further to cover matters relating to the criminal justice system, and it also makes the provision of Independent Mental Capacity Advocates where additional support is required with best-interests decision making.
“I am thrilled that this Act has been passed, it installs a framework on the law, policy and provisions affecting people with mental ill-health and/or disability,” said Johnny Turnbull, Headway Network Support Manager for Northern Ireland. “Many of the people we support through our brain injury and carers services across the province will be delighted to learn that this Act is now in place.”
The timescales for implementing certain parts of the Act are as yet unclear, so you should always seek legal advice if you have concerns about a person’s capacity to make decisions.
Find out more
Visit our Supporting people to make decisions section for more information on mental capacity issues after brain injury.
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