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(NICE) Decision making and mental capacity: draft guidance consultation

11 January 2018

This guideline covers decision-making in people over 16. it aims to help health and social care practitioners support people to make their own decisions where they have the capacity to do so. It also helps practitioners to keep people who lack capacity at the centre of the decision-making process.

Who is it for?

  • Health and social care practitioners working with people who may (now or in the future) lack mental capacity to make specific decisions
  • Independent advocates, with statutory and non-statutory roles
  • Practitioners working in services (including housing, education, employment, police and criminal justice) who may come into contact with people who lack mental capacity
  • People using health and social care services who may (now or in the future) lack mental capacity to make specific decisions, as well as their families, friends, carers and other interested parties.

This version of the guideline contains the draft recommendations, context and recommendations for research.

Information about how the guideline was developed is on the guideline’s page on the NICE website.

This includes the guideline committee’s discussion and the evidence reviews (in the full guideline), the scope, and details of the committee and any declarations of interest. 

​Getting Involved

If you are interested in contributing to this, please send your comments to Don Brechin ([email protected]) who is leading the Society’s response, by Monday 22nd January using the attached response form.

Don is a member of the Division of Neuropsychology.

Further details of the consultation are below.

Please note

  • The Society will only produce ONE response to any consultation.
  • Any response that goes under the Society logo MUST be signed off by the relevant Board Chair and Branch Chair in the case of Devolved Nations.
  • Responses on behalf of particular Divisions / Faculties /Member Networks are not permitted under any circumstances.
  • Please do refer to the British Psychological Society Consultation Processes document which is attached before writing and sending any comments

If you have any queries at all - please do not hesitate to get in touch.


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