Who has the right to decide?

Making decisions is something we do all day, every day. We don't always find it easy, for many different reasons. However, it's a basic human right to be able to make your own decision and yet millions of people are discriminated against and their right to make their own decisions are ignored everyday because of a lack of comprehensive legislation to protect this right.

Mencap would like to see new legislation which empowers and supports people with a learning disability to make their own decisions in day to day matters. We would also want it to spell out the need for people with a learning disability to be supported to make those decisions. This includes those who may need support to make their own decisions, such as people with severe learning disabilities, dementia, mental health problems or any illness or disability.

Mencap has produced a leaflet in collaboration with 20 other organisations which have come together to form the Making Decisions Alliance. The Alliance has produced several factsheets to raise awareness of the issue locally and to apply more pressure on our Government to act.

You can get further details, and download a campaign pack from www.makingdecisions.org.uk.  Alternatively, you can contact Katie Austin on 0207 696 6952 or email her at campaigns@mencap.org.uk
Mencap March 2003

This is an isssue that affects us all. Sudden illness, such a a stroke, could temporarily or permanently prevent a person from making decisions. People with dementia, a learning disability, autism, or severe mental health problems are also affected.

A person considered incapable has no legal right to:

  • decide where to live
  • say what services are wanted
  • make decisions about healthcare
  • have past and current views considered
  • sign a cheque
  • sign a contract of any kind.
Relatives and friends have no legal right on behalf of the person with mental incapacity to:
  • decide on care arrangements
  • be consulted on decisions by professionals
  • manage financial affairs(unless they hold a power of attorney, or a court has appointed a receiver)