Mental Capacity Act Government Consultation

• Published date: 31 March 2022
• Subject Matter: Food, Drugs, Healthcare, Life Sciences
• Law Firm: Wrigleys Solicitors
• Author: Hywel Jenkins

The government has begun consulting on draft amendments - responses need to be sent by the 7th July 2022.

The government has begun consulting on draft amendments to the Mental Capacity Act 2005 (MCA 2005) Statutory Code of Practice and the implementation of the Liberty Protection Safeguards (LPS).

LPS is due to replace the Deprivation of Liberty Safeguarding (DoLS) procedure later this year.

The aim of LPS is to provide a streamlined system with independent non judicial oversight of all cases where some one deemed to be deprived of their liberty wherever this may be. If the individual opposes their deprivation, there is initially a review by a new professional with still ultimately the opportunity to appeal to the COP.

The current arrangements allow the local authority to authorise a deprivation of liberty in a care home or a hospital following the carrying out of assessments by a best interest assessor and a doctor. However for people living elsewhere such as supported living or in their own home this has required the local authority (or NHS where CHC funded) to make an application to the court for this to be authorised.

The plan is that under the LPS all these situations will now be dealt with in the same way and unless there is an appeal they will not need to involve the Court of Protection.

So the LPS will cover the person in a care...