Least Restrictive options under the MCA 2005

The Mental Capacity Act 2005 talks about choosing the ‘least restrictive’ option for vulnerable adults in a situation where the adult cannot make their own decision. For example care at home may be considered ‘less restrictive’ than a care home. It is important to think about various factors however, and weigh up the pros and cons of the options being considered – whilst we may generally consider care at home less restrictive, if the person is isolated and unable to get out, a care home could offer them a better social life and therefore be deemed less restrictive than keeping the person in their own home.

The Mental Capacity Act Code of Practice also states:

“…sometimes it may be necessary to choose an option that is not the least restrictive alternative if that option is in the person’s best interests. In practice, the process of choosing a less restrictive option and deciding what is in the person’s best interests will be combined. But both principles must be applied each time a decision or action may be taken on behalf of a person who lacks capacity to make the relevant decision.”

When making serious decisions about health and care for our client group it is always a balancing act, taking into account the unique situation the person finds themselves in and the way in which their dementia is impacting their life.

For a copy of the full Code follow this link: Mental-capacity-act-code-of-practice.pdf (publishing.service.gov.uk)