MoJ consults on revising Mental Capacity Act code of practice

The Ministry of Justice has issued a call for evidence on whether the Code of Practice that supports the Mental Capacity Act 2005 should be revised.

The call for evidence will seek to establish the extent to which the current Code of Practice reflects changes in case law and lessons learned through practical use of the code over the last 11 years.

More details on the consultation and questionnaire can be viewed here. The Act itself is not under review.

The Ministry said that since the Act came into force in 2007, the Code of Practice had provided practical guidance regarding its implementation. “The Code offers examples of best practice to both carers and practitioners, who have a formal duty to adhere to the Code. It also serves as a fundamental piece of guidance to the friends and family of the individual, to enable them to better understand the practical insight the Act offers to those who lack capacity.”

The MoJ said: “It is important that we ensure that the Code remains relevant and places individuals at the very heart of the decision-making process. The questions in the call for evidence are designed to inform the Government’s decision-making on which aspects of the Code require revision.”

The Ministry added that the proposed Liberty Protection Safeguards – which will replace the Deprivation of Liberty Safeguards – are to be supported by a separate, brand-new Code of Practice that would complement and be an integral part of the revised part the MCA Code of Practice.