The Mental Capacity Act 2005: consent in young people with learning difficulties

A review and discussion of the provisions of the Mental Capacity Act 2005 (the Act) within the context of the treatment and consent thereto by young people with learning difficulties focussing on the following:

(i) analysis of the term “young person” within the context of the Act;

(ii) discussion of the key principles: Sections 1–4 of the Act;

(iii) statutory defence to liability under section 5;

(iv) Independent Mental Capacity Advocate;

(v) the new Court of Protection.

Reference to the Code of Practice and its application and significance for practitioners.