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Consultation on proposed changes to the Mental Capacity Act 2005 Code of Practice and implementation of the Liberty Protection Safeguards, including the Liberty Protection Safeguards secondary legislation
- Author:
- GREAT BRITAIN. Her Majesty's Government
- Publisher:
- Great Britain. Her Majesty's Government
- Publication year:
- 2022
- Pagination:
- 60
- Place of publication:
- London
This consultation seeks views on the proposed changes to the Mental Capacity Act 2005 (MCA) Code of Practice, which includes guidance on the new Liberty Protection Safeguards (LPS) system. It is also seeking views on the LPS regulations, which will underpin the new system. The MCA was implemented alongside a Code of Practice which now requires updating for two key reasons: the existing Code guidance needs updating in light of new legislation and case law, organisational and terminological changes, and developments in ways of working and good practice; and the new LPS system means that additional guidance needs to be added to the Code. The LPS were introduced in the Mental Capacity (Amendment) Act 2019. The UK government is now consulting on 6 sets of draft regulations which will underpin the new system. When enacted, 4 of these sets of regulations would apply in England only. The remaining 2 sets of regulations would apply to both England and Wales. Separately, the Welsh Government has published 4 sets of regulations which would apply in Wales. The Government is also publishing a number of documents to help the sector prepare for the LPS implementation. These products are not subject to formal consultation, but feedback is welcome as part of the consultation process. This consultation closes on 7 July 2022. (Edited publisher abstract)
Liberty Protection Safeguards: authorisations, renewals and reviews
- Author:
- GREAT BRITAIN. Department of Health and Social Care
- Publisher:
- Great Britain. Department of Health and Social Care
- Publication year:
- 2021
- Place of publication:
- London
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] (Edited publisher abstract)
Mental Capacity Act (2005) Deprivation of Liberty Safeguards (England): annual report, 2014-15
- Author:
- HEALTH AND SOCIAL CARE INFORMATION CENTRE
- Publisher:
- Health and Social Care Information Centre
- Publication year:
- 2015
- Pagination:
- 51
Statistical report providing details of numbers of Deprivation of Liberty Safeguards (DoLS) received or completed by local authorities in the period 1 April 2014 to 31 March 2015. The report covers DoLS applications received, completed, granted and not granted. The report also analyses the demographics of of individuals with a DoLS application, which includes coverage of type of disability and numbers of individuals with single and multiple DoLS applications. The report shows that a total of 137,540 DoLS applications were received by councils for the period 2014-15, a tenfold increase from 2013-14 (13,700). A total of 62,645 applications were completed by councils during the year, almost five times as many as the previous highest volume (13,040 in 2013-14). The most frequent reasons for an application to not be granted were not satisfying the mental capacity requirement (cited in 2,895 applications) and the best interests assessment (2,525 applications). (Edited publisher abstract)
Mental Capacity Bill: deprivation of liberty safeguards
- Author:
- CAMPBELL Jane
- Publisher:
- Northern Ireland Assembly. Research and Information Service
- Publication year:
- 2015
- Pagination:
- 18
- Place of publication:
- Belfast
This briefing paper examines the definition of ‘deprivation of liberty’ and how it is being shaped by case law; looks at the operation of deprivation of liberty safeguards within the Mental Capacity Act 2005 in England and Wales and some difficulties that have been encountered; and summarises the proposals in the draft Mental Capacity Bill dealing with deprivation of liberty safeguards and how they might operate in practice. (Edited publisher abstract)
Direct payments 'suitable person' guidance: guidance developed by the All Wales Direct Payments Forum in conjunction with the Welsh Assembly Government
- Authors:
- WALES. Welsh Assembly Government, ALL WALES DIRECT PAYMENTS FORUM
- Publisher:
- Wales. Welsh Assembly Government
- Publication year:
- 2011
- Pagination:
- 16p.
- Place of publication:
- Cardiff
The Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2011 extend the scope of direct payments to include adults lacking capacity to give their consent to a direct payments arrangement, by allowing them to access the service via the use of a ‘suitable person’. This document, produced by the All Wales Direct Payments Forum in conjunction with the Welsh Assembly Government, gives further guidance to local authorities on the appointment of a suitable person. Areas covered in the guidance include a description of what a representative or surrogate is; how to determine the suitability of a suitable person; procedures once a suitable person has been agreed; and reviewing arrangements. It should be read alongside the Regulations and the Assembly Government’s statutory ‘Direct Payments Guidance’ (2011).
Adults with Incapacity (Scotland) Act 2000: code of practice for practitioners authorised to carry out medical treatment or research under part 5 of the Act
- Author:
- SCOTLAND. Scottish Government
- Publisher:
- Scotland. Scottish Government
- Publication year:
- 2010
- Pagination:
- 37p.
- Place of publication:
- Edinburgh
- Edition:
- 3rd ed.
Everyone carrying out functions under the Adults with Incapacity (Scotland) Act 2000 must apply the general principles of: benefit, minimum intervention, take account of adult's wishes and feelings, consult others, and encourage exercise of residual capacity. This guide deals in detail only with part to 5 of the Act (medical treatment and research). It states that it is not mandatory, but may be referred to by the Courts. It provides an introduction to the Act and its general principles, and covers medical treatment under part 5, dispute resolution, and authority for research. Annexes provide further information, including statutory bodies with responsibilities under the Act and techniques covered by other parts of the Act.
Adults with Incapacity (Scotland) Act 2000: code of practice for continuing and welfare attorneys
- Author:
- SCOTLAND. Scottish Government
- Publisher:
- Scotland. Scottish Government
- Publication year:
- 2011
- Pagination:
- 78p.
- Place of publication:
- Edinburgh
The Adults with Incapacity (Scotland) Act 2000 was introduced to protect individuals with incapacity and to support their families and carers in managing and safeguarding the individuals’ welfare and finances. The Executive commissioned a two-year project to monitor how the Act was working. The results were positive, but showed that some changes could be made to streamline procedures and enable more adults and their carers to benefit from the Act. This revised edition of the code of practice for continuing and welfare attorneys takes account of changes to the Act that were introduced in part 2 of the Adult Support and Protection (Scotland) Act 2007. This code is for anyone appointed as an attorney under the Act, that is, as continuing and/or welfare power of attorney. The code applies equally to a lay person and to a professional continuing attorney such as a solicitor or accountant. It contains the following sections: about the act; creating a power of attorney; exercising powers of attorney (continuing and welfare); specific guidance on exercising continuing powers of attorney; specific guidance on exercising welfare powers of attorney; stopping being an attorney; pre-act attorneys and attorneys under the law of another country. An annex contains a guide to communicating with the person with impaired capacity.
Evaluation of the Adults with Incapacity (Scotland) Act 2000 part 4
- Authors:
- BURNS Nicola, WATSON Nick
- Publisher:
- Scotland. Scottish Government Social Research
- Publication year:
- 2009
- Pagination:
- 4p.
- Place of publication:
- Edinburgh
The Adults with Incapacity (Scotland) Act 2000 protects the welfare of adults in Scotland who are unable to take decisions for themselves. Part 4 of AWI enables managers of authorised establishments such as care homes and hospitals to manage the finances of residents who are incapable of managing them themselves. This study examined users’ experience of Part 4 and explored its effectiveness, uptake and benefits for residents. Main research findings are presented.
Evaluation of the Adults with Incapacity (Scotland) Act 2000 part 4
- Authors:
- BURNS Nicola, WATSON Nick
- Publisher:
- Scotland. Scottish Government Social Research
- Publication year:
- 2009
- Pagination:
- 54p.
- Place of publication:
- Edinburgh
The Adults with Incapacity (Scotland) Act 2000 sets out the system in Scotland for protecting the welfare of adults who are unable to take decisions for themselves. Its aim is to help adults (aged 16 plus) who lack the capacity to make decisions on some or all aspects of their lives. It enables health care professionals, carers or others to have legal powers to make financial, welfare and health care decisions on their behalf. Part 4 of the Act deals with the management of financial affairs of adults with incapacity who live in what are termed authorised establishments, the majority of which are care homes. It enables managers of such authorised establishments to manage the finances of resident adults who are incapable of managing them themselves. Authorised establishments are overseen by one of three supervisory bodies: Health Boards; The State Hospital and the Care Commission. This research was commissioned by the Scottish Government Health Analytical Services Division on behalf of the Primary and Community Care Directorate, Community Care Division. The aims of the study were to: assess the effectiveness of Part 4 of the Act (including: the uptake, benefits to residents, and key stakeholders’ experiences of using the provisions in Part 4 of the Act), and to make recommendations on any action needed.
Mental Capacity Act 2005: deprivation of liberty safeguards: standard forms for mental health assessors
- Author:
- GREAT BRITAIN. Department of Health
- Publisher:
- Great Britain. Department of Health
- Publication year:
- 2009
- Pagination:
- 4p.
- Place of publication:
- London
This guidance is intended for people undertaking mental health assessments for the purpose of the Mental Capacity Act 2005 Deprivation of Liberty Safeguards.