Signposting - Health & wellbeing - Mental health - Mental Capacity (Amendment) Act - Update


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Section: Signposting

Subsection: Signposting - Health & wellbeing - Mental health

Mental Capacity (Amendment) Act - Update

On 16th May 2019 the Mental Capacity (Amendment) Act gained Royal Assent, following a contested journey through Parliament. The Act provides an update on the 2005 Mental Capacity Act, a piece of legislation which sets out what should happen when a person lacks capacity to make one or more decisions for themselves.

The Act will introduce the Liberty Protection Safeguards (LPS), which is a new model to safeguard and protect individuals who lack capacity and may be deprived of their liberty during their care. The current system, the Deprivation of Liberty Safeguards (DoLS), has received significant and widespread criticism for creating a huge burden on the system and not adequately protecting vulnerable individuals. The DoLS will run alongside the new LPS for a year after implementation, to ensure that all cases are transferred effectively. In a contrast to the DoLS, the new LPS model will apply from age 16, which is an important move as it extends protections to 16 and 17 year olds.

The statutory guidance and Code of Practice for both the Act and the Liberty Protection Safeguards, which will set out how the legislation should be implemented, are under development and consultation.

An Easy Read [GUIDE] has been produced to explain the Mental Capacity (Amendment) Bill.