Back to home

Advice and support

Print this page

Making decisions (easy read)

The capacity law is about making decisions.

It is law.

A law is like a rule.

Some people can make all the decisions about their own life.

A decision is like a choice.

Some people can make a few decisions.

Some people cannot make any decisions.

If someone cannot make a decision it is called 'lacking capacity'.

The capacity law is about making sure that you have the support you need to make as many decisions as you can yourself.

The capacity law keeps people safe.

Some people need family, friends, their carer or support staff to make decisions for them.

The capacity law is about making big and small decisions.

This might be:

what clothes to wear
if you want staff to help you with your personal care
if you would like to have a boyfriend or girlfriend
if you are happy to let family or staff look after your money
where you want to live
how long to stay at the pub
if you want to go to the doctor about a new health problem

To make a decision you need to:

understand information
remember it for long enough
to think about the information
communicate your decision or choice to another person
your ability to do this might be affected by your learning disability, dementia or a mental health problem

Being able to make a decision can change.

If you have epilepsy you may not be able to make a decision after you have had a seizure.

If you have a mental health problem you might not be able to make a decision now, but in a week’s time you might feel much better.

The people that support you must always take it that you are able to make your own decisions.

Unless you show that you cannot.

Everyone is different and every decision is different.

You may not be able to decide whether to move house.

You might need support to help make this decision.

You might need family, friends, your carer or support staff to make this decision for you if you cannot.

But you can choose what to eat and what to wear each day.

You must be allowed to make those different decisions.

You have the right to be given as much support as you need to make decisions.

If you find it hard to understand words.

Then it is not enough to just talk to you about a decision or choice.

Information about the decision can be given to you by using signing, photos or symbols and easy read.

If you use a communication device this can also be used.

People who know you well should be there to help you to understand and communicate your decision.

Making decisions

As an adult you have the right to make decisions that other people disagree with. This might be:

going for a walk in the pouring rain
spending too much money on a new TV
staying up until 4am

If you are able to decide these things for yourself.

If you understand the decision, you have the right to make that decision.

Best interests decision

If you are not able to make a decision because you are lacking capacity.

Then your family, doctor or carer can make a decision for you.

This is called a best interests decision.

Best interests means that a decision must be what is best for you.

Not for anyone else.

The people in your life who can make the best interest decision for you must think about these things first:

can the decision wait, until a time when you can make it yourself?
how can you be helped to make the decision yourself?
what do other people who know you think?

If you are not able to make a decision, then the people helping you must only make a decision in your best interests.

When a decision is made for you, it must give you as much freedom as possible.

There are things carers cannot do even if it is in your best interest.

They must not:

use too much restraint
hold a person still for an injection that they do not want, this is called restraint
carers must not take away your freedom without the law telling them to for your best interest