Mental Capacity: Medical Examinations
Commons · Question 112131 · Tabled 10 Feb 2026 · Department of Health and Social Care · Official record
Answered 16 Feb 2026
Question
Asked by Jim Shannon
To ask the Secretary of State for Health and Social Care, what guidance his Department provides on when a mental capacity review should be carried out on a patient.
Answer
Answered by Stephen Kinnock, 16 Feb 2026
The Mental Capacity Act 2005 (MCA) is designed to protect and empower people who lack the mental capacity to make a decision themselves. It says that every person must be presumed to have capacity to make the decision in question unless it is established ...