The National Autistic Society (NAS) is a core member of the Making Decisions Alliance (MDA) which has worked on the Mental Capacity Bill for the last two years.

The Mental Capacity Bill received Royal Assent before the Parliament recess for the General Election. This means it will now become an Act in 2006/7. The Mental Capacity Act will provide a statutory framework to empower and protect vulnerable people who require support or are not able to make or communicate their own decisions. It makes it clear who can take decisions, in which situations, and how they should go about this. 

The Bill's key points:

  • It introduces the presumption that people can make decisions for themselves unless it's proved that they are not able to do so.
  • The right for individuals to be supported to make their own decisions - people must be given all appropriate help before anyone concludes that they cannot make their own decisions.
  • It places a duty on doctors, lawyers and others to consult with the individual, relatives and carers.
  • It includes a non-discrimination clause preventing doctors from making decisions based purely on someone's disability or limited capacity.


The Act also deals with the situation where a designated decision-maker can act on behalf of someone who lacks capacity:

Court appointed deputies  - The Act provides for a system of court appointed deputies to replace the current system of receivership in the Court of Protection. Deputies will be able to take decisions on welfare, healthcare and financial matters as authorised by the court.

Autism is a spectrum condition and therefore some people with autism can have accompanying learning disabilities and have no speech. Others may have an average or above average IQ level, and appear very articulate but because of their autism still have enormous difficulties with communicating their needs and wishes. Despite the ranges of ability within the autistic spectrum the Act will affect everybody; it will empower those who do have the ability to make decisions and protect those who cannot.

The Act will support those adults who are capable of making decisions themselves but may need support to do so. When any decisions are made about the person's welfare 'all practicable steps' must be taken to support the person in making a decision, eg ensuring that the person understands the options available, the information is in an accessible format such as PECS (Picture Exchange Communication) and the setting is quiet and free from outside distractions and noise. Even though a person with autism may lack speech, they may still be able to understand what is happening and make choices and decisions about their own lives.

If it is proven that a person does not have the capacity to make a particular decision, then someone can be appointed through the Public Guardianship Office (PGO) to make a substitute decision on that person's behalf. At all times the person's best interests must be at the heart of any substitute decision that is made. The PGO can appoint a deputy, such as a parent or carer, who can make health, welfare and financial decisions, when it is proven that the person cannot make that particular decision. For example, if a person does not have the capacity to choose where to live when moving from a residential setting the PGO can appoint a deputy to make that decision, whilst also ensuring that any decision made takes into account the person's best interests.

Further information is available from: