Tenancies and mental capacity

Some people are able to make every decision about their own lives. Some people are able to make some decisions. A small number of people cannot make any decisions.

The Mental Capacity Act is a law all about making decisions. 

You can read this short easy read paper on the Mental Capacity Act https://www.local.gov.uk/sites/default/files/documents/easy-read-guide-pdf-16-pa-2cc.pdf

It can be complicated getting housing when considering Mental Capacity issues.  It is possible for people to have a tenancy or be a tenant under the law, even if they do not have the capacity to make the decision themselves. It is important that any decisions about where and how a person will live are made are based on mental capacity assessments and that all decisions are fully recorded.

For guidance on this, please go to: www.housinglin.org.uk/Topics/browse/HousingLearningDisabilities/legislation/mental-capacity-act/

For more information on mental capacity and supported decision making: www.preparingforadulthood.org.uk/resources/

The Mental Capacity and the law website have resources, blogs and webinars on the Mental Capacity Act and different decisions: https://www.mentalcapacitylawandpolicy.org.uk/

The Hft Family Support Service have a set of resources and films for family carers on using the Mental Capacity Act: https://www.hft.org.uk/our-services/family-carer-support-service/fcss-updates/mental-capacity-act/