Legislation

Legislation and Dementia Care

The Mental Capacity Act (2005)

• The Mental Capacity Act provides a framework for making decisions on behalf of individuals who lack the mental capacity to do so themselves.
• It is designed to protect and empower those individuals, and includes a key principle that any actions taken or decisions made under the Act must be done in the person’s best interests.
• People with dementia may not always have capacity to consent to care or treatment. In these cases, personal welfare decisions can be made under the Act, provided they are done in the individual’s best interests.

The Equality Act (2010)

• The Equality Act protects people from discrimination, harassment, and victimisation.
• This Act recognises dementia as a disability, meaning people with dementia have the same rights as other disabled individuals.
• It is against the law for health and social care providers to treat someone less favourably because of their dementia.

The Care Act (2014)

• The Care Act outlines local authorities’ duties in relation to assessing people’s needs and their eligibility for publicly funded care and support.
• Under the Act, a person with dementia has the right to an assessment of their care and support needs.
• The Act also acknowledges the role of carers and gives them the right to an assessment of their own needs.

The Human Rights Act (1998)

• The Human Rights Act protects the basic rights and freedoms of every person in the UK.
• People with dementia have the same human rights as everyone else, including the right to life, the right to freedom from inhuman or degrading treatment, and the right to respect for private and family life.
• Health and social care providers have a duty to uphold these rights, and any action or omission that could infringe upon someone’s rights must be justifiable.

Health and Social Care Act (2012)

• The Health and Social Care Act outlines requirements for the quality of services, involving patients and the public, and integration of services.
• People with dementia must also be involved in decisions about their care and treatment.
• It places responsibilities on organisations to deliver high-quality and joined-up services, that focus on preventing ill-health and promoting the health and wellbeing of people with dementia.

Remember to revise each legislation thoroughly, understanding not only their provisions but also how they impact the care and support for people with dementia. Legislations provide rights and protections for people with dementia, and professionals caring for people with dementia need to ensure they work within these legal frameworks to deliver high-quality and person-centered care.