Government opens consultation on changes to the Mental Capacity Act 2005 (MCA) Code of Practice

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A government consultation has opened with a view to making changes to the Mental Capacity Act 2005 (MCA) Code of Practice. The Code includes guidance on the new Liberty Protection Safeguards system (LPS) and the consultation will encompass views on the LPS regulations. The new LPS are set to replace the existing Deprivation of Liberty Safeguards (DoLS).

The MCA applies in England and Wales and was introduced in conjunction with the new draft Code of Practice. The Code’s current form is in need of revision to reflect new legislation and case law. Further, the evolution of organisational structures and working practices has necessitated an update. And, on top of all that, additional guidance is required to support the new LPS system.

LPS were introduced in the Mental Capacity (Amendment) Act 2019 and will apply to people over the age of 16. They are designed to provide protection for people who need to be deprived of their liberty in order to enable their care or treatment and who lack the mental capacity to consent to these arrangements.

This consultation covers six draft regulations, four of which would apply in England only, with the remaining two applicable to both England and Wales.

The government will publish a raft of documents to facilitate the implementation of LPS and, whilst not directly part of consultation, feedback on the content is encouraged. These comprise an impact assessment, an LPS workforce and training strategy, an LPS training framework, an LPS National Minimum Data Set, and an equalities impact assessment.

The consultation is due to close on 7 July 2022.

As more information is known we will update our blog posts. In the meantime if you or your family need advice in relation to the current DoLS system or how the new LPS may impact you, please contact us on 01733 888 888.