On the 13th March 2014, the House of Lords Select Committee on the Mental Capacity Act reported that the implementation of the Mental Capacity Act had not met expectations, suffered from a lack of awareness and the rights conferred by the Act have not been realised. This report provides the Government response to the 29 recommendations of the House of Lords, together with inputs received from a wide variety of stakeholders. It also sets out a a system-wide programme of work for the period of 2014 to 2015 and beyond. The work programme aims to improve oversight and monitoring by strengthen the implementation of the Mental Capacity Advisory Board and consider establishing a new independent chaired Mental Capacity Advisory Board; to raise awareness about the Act and improve its implementation; make changes to the Deprivation of Liberty Safeguards; and increasing the level of awareness and understanding of Lasting Powers of Attorney; and making changes to the Court of Protection.

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 toolkit is a guide for parents and carers to make financial decisions on behalf of young people from ages 16 to 25 who may lack the mental capacity to make decisions for themselves. It aims to explain the principles of decision making and the processes in place to make financial decisions on a young person’s behalf. These processes exist to protect young people and their money, as well as to help you empower them to make their own decisions about their finances, where possible.

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.

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.

Assessment of the amendment, which introduced the liberty protection safeguards to replace the deprivation of liberty safeguards. the liberty protection safeguards (LPS) were introduced in the Mental Capacity (Amendment) Act 2019. LPS will provide the framework to determine whether a deprivation of liberty is necessary and proportionate for the care or treatment of an individual who lacks the mental capacity to consent to their arrangements, in England and Wales. They will replace the deprivation of liberty safeguards (DoLS) system, which was found to be “bureaucratic” and “too complex” by a House of Lords Committee in 2014. This impact assessment is an updated assessment of the Mental Capacity (Amendment) Act 2019. It provides an assessment of DoLS at present and fully funded, as well as for LPS as set out in the act.

This code of practice provides guidance to mental health professionals and other practitioners on how they should carry out their duties under the Mental Health Act. As well as providing guidance for professionals, the revised code of practice also guides patients, their families and carers on their rights. Chapters are grouped into seven areas: Using the Act; Protecting patient’s rights and autonomy; Assessment, transport and admission to hospital; Additional considerations for the needs of specific patients; Care, support and treatment in hospital; Leaving hospital; and additional information for professional with specific responsibilities under the Act. Subjects covered in individual chapters include: the nearest relative; independent mental health advocates; mental capacity and deprivation of liberty; detention in hospital; police community treatment orders; guardianship; after care; and care programme approach. The code of practice will come into force on 1 April 2015, depending on Parliamentary approval.

Brings together emergency guidance for health and social care staff in England and Wales who are caring for, or treating, a person who lacks the relevant mental capacity during the coronavirus outbreak. The guidance ensures that decision makers are clear about the steps they need to take during this period. It focuses on new scenarios and potential ‘deprivations of liberty’ created by the outbreak. During the outbreak, the principles of the Mental Capacity Act 2005 (MCA) and the safeguards provided by the deprivation of liberty safeguards (DoLS) still apply. The MCA provides protection for people who lack or may lack the relevant mental capacity to make decisions about different aspects of their life. The DoLS are an important part of this act and provide further safeguards for those who need to be deprived of their liberty in order to receive care or treatment in a care home or hospital, but do not have the capacity to consent to those arrangements. [Published 9 April 2020. Last updated 27 April 2021]

Emergency guidance for health and social care staff in England and Wales who are caring for adults who lack the relevant mental capacity to consent to their care and treatment during the coronavirus (COVID-19) Pandemic. This document provides additional guidance to supplement ‘The Mental Capacity Act (2005) (MCA) and deprivation of liberty safeguards (DoLS) during the coronavirus (COVID-19) pandemic’, which was published in April 2020. It includes guidance on: testing someone who lacks the relevant mental capacity; providing life-saving treatment to someone who lacks the capacity to consent; hospitals and care homes; and using emergency public health powers when someone who lacks relevant capacity needs to be isolated because they have symptoms and are not following public health advice. [First published 29 May 2020; last updated 12 January 2021]