21. Housing and Employment (updated 2026)
Mental Capacity
21.23 LHAs must comply with the Mental Capacity Act 2005 in relation to everyone involved in the care, treatment and support of people aged 16 or over living in England and Wales who are unable to make all, or some, decisions for themselves. A person's best interests must be the basis for all decisions made and actions carried out on their behalf in situations where they lack capacity to make those particular decisions for themselves. Where an offender lacks capacity, and has no family or friends to support them, the Responsible Authority agencies must make arrangements for an Independent Mental Capacity Advocate to be available and accessible. For further information see Chapter 26: Mentally Disordered Offenders.
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