Literature Review on Provision of Appropriate and Accessible ...

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information is contained in legislation (e.g. S. 3 (2) of the UK
Mental Capacity Act, 2005).
• Emphasis <strong>Literature</strong> on exploring <strong>Review</strong> on the Provision particular of Appropriate line of reasoning and Accessible employed
Support to People with an Intellectual Disability who are
by the person in making decisions, and whether or not those
Experiencing Crisis Pregnancy
decisions are consistent with a personal belief system, known
values and reality.
• The requirement in legislation that an assessment of capacity is
carried out before any care or treatment. The more serious the
decision, the more formal the assessment will need to be.
• Provision of safeguards in legislation, e.g. it cannot be decided
that somebody lacks capacity based on their age, appearance,
condition or behaviour alone.
• Provision for an advocacy structure within legislation.
• The introduction of a legal duty to consult with others involved
in caring for a person or interested in his/her welfare before
carrying out acts in relation to a person who lacks capacity
(Mental Capacity Act, 2005, England and Wales).
• The introduction of a standard assessment protocol (contained
in a code of practice/guidelines), which would reduce bias
and introduce consistency in the way that mental capacity
assessments are conducted.
• The need to recognise the heterogeneity of people with
intellectual disabilities in any assessment of capacity.
• A requirement in legislation that where a person lacks capacity
people follow certain steps to help them work out whether a
particular act or decision is in a person’s best interests.