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The Mental Capacity Act
Interactive Guide

The Mental Capacity Act 2005 sets the rules for making decisions on behalf of adults who cannot make a particular decision for themselves. It is built on five principles that prioritise autonomy and dignity. Click any card to explore what each part means in practice.

5
Statutory principles
2005
Year of the Act

1. The five statutory principles

Section 1 of the Act sets out five principles that govern everything else. They prioritise autonomy: capacity is presumed, support comes before substitution, and unwise decisions are still the person's to make.

2. Assessing capacity

Capacity is decision-specific and time-specific. The Act sets a structured two-stage test, and getting it right matters - capacity assessments often go wrong in ways that disadvantage neurodivergent people in particular.

3. Making decisions for others

If a person cannot make a particular decision themselves, the Act sets out who can decide on their behalf and how. The decision must always be in their best interests, and the statutory checklist is non-negotiable.

4. Safeguards and substitute decision-makers

Where someone needs ongoing support with decisions, the Act creates a series of legal mechanisms - some chosen by the person in advance, others appointed by the court when the person can no longer choose.

5. Specialist topics

Where the MCA most often comes up in real life - and where it is most often misapplied. These cards focus on autism, learning disability, fluctuating capacity, young people, and the boundary with the Mental Health Act.

Put this into practice

Understanding the Act is one thing - applying it well in everyday care is another. Our training helps health, social care, and education teams turn the Mental Capacity Act into confident, lawful, and respectful day-to-day practice.

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Oliver McGowan Mandatory Training
The only legally required training for health and social care staff working with autistic people and people with a learning disability. Includes how the Mental Capacity Act applies in real care situations. Co-delivered by experts with lived experience.
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Explore our wider training
From neurodiversity in the workplace to communication, sensory processing, and reasonable adjustments - all delivered by our neurodivergent team with lived experience.
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