Mental Capacity Act 2005 Codes of Practice: Difference between revisions

Latest revision as of 20:47, 6 February 2025

Main MCA Code of Practice

Department for Constitutional Affairs, Mental Capacity Act 2005: Code of Practice (2007)

DOLS Supplement

Ministry of Justice, Mental Capacity Act 2005: Deprivation of Liberty Safeguards Code of Practice (2008)

MCA Codes of Practice. Alex Ruck Keene, Victoria Butler-Cole and Neil Allen, 'Mental Capacity Act/DOLS Codes of Practice update' (21/2/22) — This is essentially a list of things that are wrong with the current MCA and DOLS Codes of Practice (with reasons).
MCA Code of Practice and LPS consultation. DHSC, 'Changes to the MCA Code of Practice and implementation of the LPS' (consultation from 17/3/22 to 14/7/22) — "This consultation seeks views on proposed changes to the Mental Capacity Act 2005 Code of Practice and implementation of the Liberty Protection Safeguards." Deadline extended from 7/7/22 to 14/7/22.
Val Williams et al, 'Making Best Interests Decisions: People and Processes' (Mental Health Foundation, 31/1/12). The accompanying press release is entitled 'MCA Code of Practice needs revising to enable more effective best interests decisions to be made'.

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-==Main Code==
+==Main MCA Code of Practice==
+* [[Department for Constitutional Affairs, Mental Capacity Act 2005: Code of Practice (2007)]]
-"The Code of Practice for the Mental Capacity Act was formally issued by the Lord Chancellor on 23 April 2007. It provides guidance and information on how the Act will work on a day to day basis for anyone who works with or cares for people who lack capacity, including family, friends and unpaid carers. Once the Mental Capacity Act comes into force, certain groups of people will be legally required to have regard to the Code when acting or making decisions on behalf of people who lack capacity." (DCA quotation)
+==DOLS Supplement==
+* [[Ministry of Justice, Mental Capacity Act 2005: Deprivation of Liberty Safeguards Code of Practice (2008)]]
-* [http://www.dca.gov.uk/menincap/legis.htm#codeofpractice Mental Capacity Act Code of Practice] (DCA website)
+==See also==
+*{{rsum|Alex Ruck Keene, Victoria Butler-Cole and Neil Allen, 'Mental Capacity Act/DOLS Codes of Practice update' (21/2/22)}}
-* [http://www.publications.parliament.uk/pa/cm200607/cmhansrd/cm070423/wmstext/70423m0001.htm#0704237000001 Parliamentary statement] (Parliament website)
+*{{rsum|DHSC, 'Changes to the MCA Code of Practice and implementation of the LPS' (consultation from 17/3/22 to 14/7/22)}}
+*[[:File:MH Foundation Making Best Interests Decisions.pdf|Val Williams et al, 'Making Best Interests Decisions: People and Processes' (Mental Health Foundation, 31/1/12)]]. The accompanying press release is entitled 'MCA Code of Practice needs revising to enable more effective best interests decisions to be made'.
-==Supplement to Code==
-"The deprivation of liberty safeguards have been introduced into the Mental Capacity Act 2005 by the Mental Health Act 2007. It is planned that the safeguards will come into force in April 2009.
-The safeguards provide a framework for approving the deprivation of liberty for people who lack the capacity to consent to treatment or care in either a hospital or care home that, in their own best interests, can only be provided in circumstances that amount to a deprivation of liberty. The safeguards legislation contains detailed requirements about when and how deprivation of liberty may be authorised. It provides for an assessment process that must be undertaken before deprivation of liberty may be authorised and detailed arrangements for renewing and challenging the authorisation of deprivation of liberty.
-"The Code of Practice contains guidance on the deprivation of liberty safeguards. It is particularly intended to provide guidance for professionals involved in administering and delivering the safeguards, who are under a duty to have regard to the Code. The Code is also intended to provide information for people who are, or could become, subject to the deprivation of liberty safeguards, and for their families, friends and carers, as well as for anyone who believes that someone is being deprived of their liberty unlawfully." (DH website)
-* [http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_085476 Deprivation of liberty safeguards - Code of Practice to supplement the main Mental Capacity Act 2005 Code of Practice] (DH website)