Self determination is about people having the right to make their own choices and be in control of their lives. Disabled people and organisations like Values Into Action have researched and campaigned for government to agree that every person, whatever their disability or need for support, has a right to equality, inclusion and self-determination. We have worked hard to get this principle put into practice.

Legal constraints to self-determination

Most government policies about health and social services include the idea that people have a right to choice and control in their lives. Equality, inclusion and self-determination are all very well but those principles are clashing with government developments about the law and decision-making. Our current legal system is based on the concept of 'mental capacity', a medical concept about intellectual abilities that are assessed by doctors, psychiatrists and psychologists. The idea of mental capacity can be damaging for people because it makes someone's legal right to self-determination depend on someone else's assessment of their ability with words and thinking. It is based on the idea that people can be generally divided into two groups for particular decisions: those who are 'mentally capable' of making their own choices and those who are not. 

'Substitute Decision-making'

he legal system backs this up by taking away the legal right to self-determination from those judged as being 'mentally incapable'. The right to make decisions is then given to a 'substitute', a third party (for example, a family member, service provider, guardian or court of law). The law assumes that this substitute knows what is in someone else's 'best interests' and how to make decisions for them. We all need support to make decisions at times and some people need a lot of support most of the time. But, at the moment, if we need support what the law says we get is a substitute, whose decisions are often unmonitored and unregulated.

Supported Decision-making

Values Into Action has been working on these issues for some years. Our research has clearly demonstrated that people do not fall into two neat groups around mental capacity. VIA has found that, with the right support, everyone can be supported to control their own life. VIA's research has looked in detail at how 'supported decision-making', in contrast to the concept of 'substitute decision-making', actually works in practice. Supported decision-making says that all human beings communicate, have preferences about their lives and need support of one kind or another to make decisions.

Role of supporters

VIA's research has shown that hoping for good practice is not enough by itself. It makes the right to self-determination depend on how 'lucky' someone is to have a supporter who will help them get their right to self-determination. Out of VIA's research came the conclusion that England needs a legally strong approach to supported decision-making. This approach would make the role of supporters clear without taking away people's right to self-determination.

The Right to Self-Determination

VIA believes that the views of those whose right to self-determination is threatened must be heard within this debate. The Right to Self-Determination for All project is about bringing people and organisations together to share, discuss and explore the possibility of joint work on these issues.

© 2008 Values Into Action