Issue - meetings

This report informs the Executive Member of action that has been taken and is required to implement the Mental Capacity Act 2005.

Advice of the Advisory Panel

That the Executive Member for Adult Social Services be advised to note the contents of this report.

Decision of the Executive Member for Adult Social Services

RESOLVED:             That the advice of the Advisory Panel as set out above be accepted and endorsed.

REASON:                  The Mental Capacity Act 2005 would be implemented on 1 April 2007 and Local Authorities would be required to make the appropriate arrangements for systems to be in place by this time.

Members considered a report which informed the Executive Member of action that had been taken and was required to implement the Mental Capacity Act 2005.

The Mental Capacity Act 2005 was due to come into force in England and Wales in April 2007. The Act provided, for the first time, a statutory framework for assessing whether a person has capacity, for acting and making decisions on behalf of individuals who lack capacity and for empowering and protecting vulnerable people who were not able to make their own decisions. It made it clear who could take decisions, in which situations and how they should go about this. It enabled people to plan ahead for a time when they may lose capacity. It addressed the issue of providing care and treatment for people who lack capacity. Its scope was wide-ranging, involving decisions regarding personal welfare and financial affairs.

The Local Authority was responsible for commissioning an Independent Mental Capacity Advocate service (IMCA). The IMCA had a clear role in supporting a person lacking capacity who had no-one else to act on their behalf. There was a specific grant of £6,306 for 2006/07 and £18,975 for 2007/08, for the commissioning of the IMCA service in York.

Officers reported that a process was underway to pool resources with North Yorkshire County Council for the setting up of the IMCA service.

Advice of the Advisory Panel

That the Executive Member for Adult Social Services be advised to note the contents if this report.

Decision of the Executive Member for Adult Social Services

RESOLVED:             That the advice of the Advisory Panel as set out above be accepted and endorsed.

REASON:                  The Mental Capacity Act 2005 would be implemented on 1 April 2007 and Local Authorities would be required to make the appropriate arrangements for systems to be in place by this time.