The Mental Capacity Act 2005 Code of Practice ("the MCA Code of Practice") was first published in 2007. A government consultation is now underway on proposed changes to the MCA Code of Practice. This is a joint consultation by the Department of Health and Social Care and the Ministry of Justice.
The proposed changes include guidance on the new Liberty Protection Safeguards which will apply to people over the age of 16 and will replace Deprivation of Liberty Safeguards (in place since 2009).
This will be the first revision of the MCA Code of Practice since 2007. It is felt that the MCA Code of Practice requires updating to better support those who lack the mental capacity to make their own decisions - for example people living with dementia or an acquired brain injury. The proposed changes also reflect changes in case law, legislation and good practice since the MCA Code of Practice was first introduced.
The MCA Code of Practice is an invaluable tool for many, including Deputies, health practitioners and carers. It is important that the most vulnerable in society are protected and the review is welcome.
Draft documents can be viewed online via Changes to the MCA Code of Practice and implementation of the LPS - GOV.UK (www.gov.uk)
The consultation closes at 11:45pm on 7 July 2022, responses can be submitted online.
The draft Mental Capacity Act Code of Practice was published for public consultation on 17 March. It has been updated to reflect new legislation and case law, and other developments, for example in ways of working and good practice, since the Mental Capacity Act 2005 (MCA) came into force in 2007.