What does the law say about taking part in mental health research?
The vast majority of clinical trials involve people who are able to give their informed consent. On rare occasions, it may be necessary to run a clinical trial that involves people who lack mental capacity. This is because there may be no other way for this group to benefit from research. But because people who lack capacity will have difficulty giving their informed consent (to make a particular decision or to take a specific action) – it is essential that there are other mechanisms to protect their safety, dignity, rights and freedoms. In England and Wales the Mental Health Capacity Act 2005 sets out what conditions must apply for people without mental capacity to be recruited to some types of mental health research. The Act is being introduced in two phases, from 1st April and 1st October 2007. At the moment the Act does not cover clinical trials. Scotland has its own Act Adults with Incapacity Act 2000. The Department of Health intends to consult on a change in the law that will br
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