A special Lords Select Committee was set up to provide post-legislative scrutiny of the Mental Capacity Act. Introduced in 2005, the Act’s principles are popular among social workers for legislating the need to emphasise a person’s best interests, however application has been patchy, with many saying that that a necessary cultural shift in practice has yet to be achieved. In September 2013, The College of Social Work (TCSW) submitted this response to the Lords inquiry looking at these issues in more details.
Respondents were largely of the view that the core principles and process of the MCA do not need to be amended, describing it as a valuable, workable piece of legislation. However, professional understanding of the Act and how it should be applied in practice is in serious need of improvement.