Conducting research with people not having the capacity to consent to their participation

The practical guide is one of a series of documents commissioned by the Social Care Institute for Excellence, addressing different aspects of the implementation of the Mental Capacity Act (2005) and has been prepared for researchers conducting research with human participants in the United Kingdom.

The Mental Capacity Act (MCA) 2005 in England and Wales and the Incapacity Act (ICA) 2000 in Scotland have established legal frameworks within Great Britain for people lacking the capacity to make decisions for themselves. Sections 30-34 of MCA 2005 and Section 51 of ICA 2000 (Scotland) refer to decisions concerning participation in research.

This practical guide offers advice and examples of good practice in connection with conducting research with people lacking the capacity to consent to their participation. Reference is made throughout the document to guidance produced by different professional and research organisations within the United Kingdom.