Government launches consultation to revise Mental Capacity Act code of practice

The government has launched a consultation to revise the Mental Capacity Act 2005 code of practice, the statutory guidance designed to support practitioners in implementing the legislation.

The revisions are designed to take account of case law and practical lessons learned since the code’s publication in 2007.

People can respond to the consultation, which is open until 7 March, through an online survey, which asks respondents whether each chapter of the current code is up to date and relevant.

The code applies to all health, social care and legal practitioners and advocates who use the legislation, as well as people appointed to formal roles under the act, such as attorneys and deputies. While it does not contain legal duties itself, beyond what is in the act, all of these groups must have regard to the code’s guidance.

A separate but linked code of practice will be developed to accompany the Liberty Protection Safeguards (LPS), which the government is currently legislating to establish as the new system for authorising deprivations of liberty in care settings, to replace the Deprivation of Liberty Safeguards (DoLS).

Read more on the Liberty Protection Safeguards

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