Mental Capacity Act 2005

Health written question – answered on 6th September 2013.

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Photo of Ben Wallace Ben Wallace Conservative, Wyre and Preston North

To ask the Secretary of State for Health what body or individual is responsible for monitoring the implementation of the provisions of the Mental Capacity Act 2005 in hospitals.

Photo of Norman Lamb Norman Lamb The Minister of State, Department of Health

Hospitals are responsible for ensuring that the care they provide complies with the provisions of the Mental Capacity Act. Clinical Commissioning Groups have a role in ensuring that hospitals from whom they commission care comply with legislative requirements.

The Care Quality Commission (CQC) is responsible for inspecting hospitals against their registration requirements, one of which refers to gaining consent under the Mental Capacity Act. The CQC also considers compliance with the provisions of the Mental Capacity Act during its thematic reviews. The CQC has a specific duty to monitor practice under the .Mental Capacity Act Deprivation of Liberty safeguards and is required to report annually on its findings.

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