- Consultation on Liberty Protection Safeguards to ensure
freedoms and human rights of people lacking mental capacity are
better protected
- Individuals and families will have a greater say in their
care
- Improved protections will reduce the backlog of assessments
and ensure safeguarding is in place
People who have their freedoms restricted to help them receive
the best care and treatment will be put at the centre of a new
system designed to better protect their human rights.
The Department of Health and Social Care and Ministry of Justice
have launched a consultation to update the Mental Capacity Act
Code of Practice to better support those with dementia, acquired
brain injuries, learning disabilities and autism who may need
assistance with their everyday decision-making but lack mental
capacity thereby requiring others to make decisions in their best
interests.
These decisions could include where a person should live, whether
assistive technology like sensors or keypad entry should be
installed, setting times for refreshments or activities, whether
they can leave the accommodation or restraint in certain
circumstances among others.
The Mental Capacity Act Code of Practice sets out how carers and
practitioners can make these decisions for others on a day-to-day
basis while ensuring the individual is both protected and
empowered.
This is part of the government’s promise to ensure everyone
receives the right care in the right place at the right time, as
part of its reforms of the health and social care system. The new
Liberty Protection Safeguards being consulted on will:
- Introduce an explicit duty to consult with the person and
those interested in their welfare to find out the individual’s
wishes and feelings about proposed arrangements
- Allow people to have representation including independent
mental capacity advocates to ensure their rights are protected
and assess what safeguards are necessary when decisions are being
made
- Extend safeguards to 16 and 17-year-olds and people in any
care setting
- Improve the protection of rights for people at the heart of
the most complex cases through new mental capacity professional
roles
- Better integrate decisions on Liberty Protection Safeguards
as part of health and social care assessments
- Involve clinical commissioning groups and NHS trusts in the
process to reduce backlogs
- Reduce the number of assessments required to make decisions
to help ensure more timely assessments
Minister for Care and Mental Health said:
“Some of the most vulnerable people in society are lawfully
deprived of their liberty to ensure they receive the best
possible care, as safely as possible, while they are in hospital
or living in a care home. Liberty Protection Safeguards put
people at the heart of care, just as we promised in our reform
programme and will give them more of a say in their care.
“The proposed changes will speed up processes and increase
fairness, ensuring the balance between a person’s human rights
and freedoms and their need to receive the right care in the
right place at the right time.”
This is the first revision of the code since its publication in
2007 and reflects changes in legislation, case law, organisations
and good practice which have developed over time.
Justice Minister said:
“The Mental Capacity Act protects vulnerable people unable to
make decisions in their own interests and updating the Code Of
Practice will mean those caring for them provide more consistent
and better quality support.”
The new system will replace Deprivation of Liberty Safeguards,
which have been in place since 2009, with the consultation
starting today, Thursday 17 March.
ENDS
Notes to Editors
Please see a link to the consultation here - Changes to the MCA Code of
Practice and implementation of the LPS - GOV.UK (www.gov.uk)
Please see the written ministerial statement here - Written statements -
Written questions, answers and statements - UK Parliament
