This special report provides full coverage of the Law Commission report on proposed amendments to the Mental Capacity Act. It includes a detailed summary of the report by Tim Spencer-Lane, lead lawyer at the Law Commission working on the project, and responses from a range of perspectives.

This practice guide has been commissioned by the Department of Health to help frontline social and health professionals decide whether an individual they are concerned with may be deprived of their liberty due to the type of care or treatment that they are receiving or the level of restrictive practices that they are subject to. It focuses on the practical application of the legal principles. Part I provides details of the legal framework that governs deprivation of liberty and outlines the central principles of Article 5 European Court of Human Rights (ECHR). It then summarises the key elements of the Cheshire West decision. Part II details the most common settings in which a deprivation of liberty may occur: hospitals; psychiatric care; care homes; supported living services, such a shared lives schemes and extra care housing; Deprivation of liberty at home; and under 18s. For each setting the guidance identifies some of the factors that may point towards there being a deprivation of liberty; suggests scenarios which are very likely to/may/or not amount to a deprivation; and poses a number of questions that professionals can ask themselves when making decisions. The document includes links case law throughout. Part III provides summaries of key legal cases and further information and resources. The guidance is primarily relevant to the position in England and Wales. Quick reference guides covering each individual setting are also available.

The Mental Capacity Act (MCA) was developed to co-ordinate, bring together and simplify the law about the care and treatment of people who lack capacity. This document provides information and guidance for adult social care workers on the key principles and provisions of the Mental Capacity Act 2005 and considers how social workers can apply its principles to their practice. Areas covered include Best interests, Advanced decisions, Five principles of the Act, Assessing capacity and decision making. It is designed to be used by social workers at all levels, from front line practitioners to senior social workers, social work supervisors and managers, to help social workers to develop their skills in supporting individuals who may lack mental capacity. The document includes short case examples and reflective exercises throughout.

Annual report of the Chair of the National Mental Capacity Forum, examining the Forum’s work over the year, the Chair’s priorities for the coming year, and details of Forum members. The report covers: the five principles of the Mental Capacity Act 2005; progress against priority actions from previous year; education and training; independent, daily living; the Court of Protection; supported living standards and inspections; supported decision-making; fluctuating capacity; best interest decision-making; the interface between the Mental Health Act (MHA) and the MCA; and the Mental Capacity (Amendment) Act 2019. The document also sets out the National Mental Capacity Forum’s priorities for the coming year, including revising the Code of Practice for the MCA; reviewing the rights and ability of people to form a relationship and show affection, including sexual expression of affection, between consenting adults; promoting support for people to make their own decisions; and commissioning a specific report into the deterioration in culture that occurs in some care settings, particularly how it relates to ongoing training and other aspects of individual staff support provided in these settings.

The first annual report by Baroness Finlay, the chair of the National Mental Capacity Forum, which provides details of the forum’s membership and its early work and achievements to implement the Mental Capacity Act. It also highlights some of the challenges raised by people implementing the Mental Capacity Act where further progress is needed. The Chair’s priorities to strengthen the implementation of the Act for the following year cover: hearing the voice of the person, improving practitioners understanding of the Mental Capacity Act, improved support for carers of people with impaired capacity, and to reduce and prevent the exploitation of vulnerable people by financial and other scams.

Information about the LPS system, which will be replacing the Deprivation of Liberty Safeguards (DoLS). DoLS is the system used to authorise the care or treatment arrangements of an individual who lacks mental capacity to consent to their arrangements. These safeguards apply when a person is ‘deprived of their liberty’ in a care home or hospital, in England or Wales. This guidance covers: making a referral; representation and support; assessments and authorisation; and reviews.
[Updated 11 June 2021]

The Liberty Protection Safeguards (LPS) will provide protection for people aged 16 and above who are or who need to be deprived of their liberty in order to enable their care or treatment and lack the mental capacity to consent to their arrangements. People who might have a LPS authorisation include those with dementia, autism and learning disabilities who lack the relevant capacity. A LPS authorisation can have effect immediately, or at any time within 28 days of the authorisation being issued. A person’s first authorisation and renewal can be up to 12 months. Renewals can last for up to 36 months.
[Updated 11 June 2021]

The Liberty Protection Safeguards (LPS) will provide protection for people aged 16 and above who are, or 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 their arrangements. People who might have an LPS authorisation include those with dementia, autism and learning disabilities who lack the relevant capacity. Once the LPS process has been triggered, the Responsible Body should determine whether the 3 authorisation conditions are met. These are: the person lacks the relevant capacity to consent to the arrangements; the person has a mental disorder, as defined by the Mental Health Act 1983; the arrangements are necessary and proportionate, that is, the arrangements are necessary to prevent harm to the person and proportionate to the likelihood and seriousness of the risk of harm to the person. To determine whether the authorisation conditions are met, there are three assessments and determinations which must be carried out: the capacity assessment and determination; the medical assessment and determination; the necessary and proportionate assessment and determination.
[Updated 11 June 2021]

The Liberty Protection Safeguards (LPS) will provide protection for people aged 16 and above who are, or 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 their arrangements. People who might have an LPS authorisation include those with dementia, autism and learning disabilities who lack the relevant capacity. Under LPS, the Responsible Body will authorise arrangements that amount to a deprivation of liberty to enable care or treatment. This guidance explains which organisations are Responsible Bodies, which will vary according to where the arrangements are mainly carried out.
[Last updated 11 June 2021]

The Liberty Protection Safeguards (LPS) will provide protection for people aged 16 and above who are, or who need to be, deprived of their liberty to enable their care or treatment and who lack the mental capacity to consent to their arrangements. People who might have an LPS authorisation include those with dementia, autism and learning disabilities who lack the relevant capacity. The approved mental capacity professional (AMCP) is a new, specialist role providing enhanced oversight for those people who need it most. AMCPs will be independent, trained, registered professionals.
[Updated 11 June 2021]

This guidance provides information about national plans for workforce training and readiness work to support implementation of Liberty Protection Safeguards in England. The Liberty Protection Safeguards (LPS) will provide protection for people aged 16 and above who are, or who need to be, deprived of their liberty in order to enable their care or treatment and lack the mental capacity to consent to their arrangements. People who might have a LPS authorisation include those with dementia, autism and learning disabilities who lack the relevant capacity. LPS will replace an existing system (the Deprivation of Liberty Safeguards (DOLs)) and extend protections to more settings and people, including young people aged 16 and 17. The government has established two English implementation support programmes as follows: Local Government Implementation Support Programme; and Social Care Providers Implementation Support Programme. The government is working with the NHS in England, including Health Education England, on plans for a third implementation support programme for health.

This is the fourth annual report of the National Mental Capacity Forum. Against the backdrop of the Covid-19 crisis, the report spans three main aspects of the Forum’s work: evaluation of the efficacy of the Forum over its first four years in changing awareness of the Mental Capacity Act (MCA) and its implementation; the legislative changes that resulted in the Mental Capacity (Amendment) Act 2019 to move from Deprivation of Liberty Safeguards (DoLS) to Liberty Protection Safeguards (LPS); and actions taken from the outset of the pandemic to meet the needs of those who are protected by the MCA and support those providing care and having responsibility for the wellbeing of people with impairments of mental capacity.