MCA and LPS Consultation Opens

Proposed changes to the Mental Capacity Act Code of Practice and implementation of the Liberty Protection Safeguards (LPS) are now being consulted upon.

The consultation sets out the proposed updates to the MCA Code of Practice and introduces the LPS secondary legislation. It also covers workforce guidance related to the implementation of the LPS.

The consultation is being undertaken jointly by the Department for Health and Social Care, the Ministry of Justice and the Department for Education.

The objective of the consultation is to ensure that the revisions to the Code best reflect developments in legislation and practice since it was published in 2007, and to make certain that the new LPS guidance in the Code and the LPS regulations are clear and deliver proper safeguards to those that need them. The Code aims to empower people to make decisions about their lives wherever possible and protect their human rights while affording the greatest care and respect for them.

Achieving these objectives requires a strong representation of views from across the sector, family carers and, most importantly, from people who have or may have experience of the Mental Capacity Act. Responses are encouraged from anyone who has an interest in mental capacity, is affected by, or knows someone affected by, the proposed updates to the Code and the LPS.

The consultation will run for 16 weeks from 17 March to 7 July 2022.