CuraFlow DC-D07CQCSection D · Care and Support Delivery
Mental Capacity Act and Best Interests policy
For CQC-registered domiciliary care services · version 2.0 · last reviewed 31 July 2026
Beginning with the five statutory principles, this policy works through the two-stage test for assessing capacity, covering impairment or disturbance and the functional test. It explains why capacity is decision-specific and time-specific, who should assess it and how assessments are recorded, and how to support people to make their own decisions before best-interests decisions are made.
What this policy covers
- The five statutory principles
- Assessing capacity — the two-stage test
- Stage 1 — impairment or disturbance
- Stage 2 — the functional test
- Decision- and time-specific
- Who assesses, and recording
- Supporting people to make their own decisions
- Making best-interests decisions
- Who is the decision-maker
- The best-interests checklist
- Recording best-interests decisions
- The least restrictive option
Regulations and guidance it supports
Supports the fundamental standards at Regulations 9, 11, 13 and 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.
- Mental Capacity Act 2005
- Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
- Mental Capacity (Amendment) Act 2019
- Human Rights Act 1998
- Equality Act 2010
- UK GDPR and Data Protection Act 2018
Common questions
- Is the mental capacity act and best interests policy CQC-aligned?
- Yes. It is written and reviewed by practising UK compliance consultants against current CQC expectations, and supports the fundamental standards at Regulations 9, 11, 13 and 20. It is a controlled starting-point document that you adapt to your own service — you remain the accountable provider.
- Can I download and edit this policy?
- Yes. It downloads as Word (.docx) or PDF with your company name, registered manager, CQC ID and address already filled in on the cover page and throughout the document. The Word version is fully editable.
- Can I buy this policy on its own?
- Policies are sold as a complete library rather than individually, because CQC expects a coherent set that cross-references properly — a single policy in isolation creates gaps. The domiciliary care library contains 141 policies and can be bought outright as a one-off purchase and kept permanently.
- How often is it reviewed?
- The library is re-reviewed every six months and after any material regulatory change. This policy was last reviewed 31 July 2026, and is at version 2.0. Updates reach you automatically, so downloads always reflect the current version.