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The Mental Capacity Act

Every day we make decisions about our lives. The ability to make decisions is called mental capacity. People may have difficulties making some decisions either all or some of the time. This could be because they lack capacity resulting from:

  • Learning disability
  • Dementia type illness
  • Mental health problem
  • Acquired brain injury
  • Stroke

The Mental Capacity Act 2005 introduced a process for health boards and local authorities to assess if a person has capacity to make decisions for themselves, and a framework to protect individuals if they are deemed unable. That framework is called Deprivation of Liberty Safeguards (DoLS).

The Act has since been reviewed and a new Mental Capacity (Amendment) Act 2019 is due to come into force soon. It will introduce a new framework called Liberty Protection Safeguards (LPS).

The new safeguards will still protect the individual but make the process simpler.

Liberty Protection Safeguards

Under the Mental Capacity (Amendment) Act 2019, Liberty Protection Safeguards will become the new legal framework for authorising a deprivation of liberty for those who lack capacity to consent to their care arrangements.

The UK Government has announced LPS will to be delayed beyond the life of this parliament. This means any decision in relation to LPS implementation will be taken by the next parliament. which is likely to be 2025 at the earliest.

Until then, the Deprivation of Liberty Safeguards (DoLs) framework remains the legal framework, which protects people who cannot consent to care arrangements where those arrangements deprive them of their liberty.

What are the main changes?

  • LPS will introduce a new process for authorising deprivation of liberty and will apply in different settings, including hospitals, care homes, supported accommodation, domestic homes and educational establishments.
  • LPS will be portable, subject to certain reviews.
  • Hospital or social care staff will complete assessments and forward them to another identified professional not connected with the person care, who will then authorise the deprivation of liberty.
  • LPS will apply to anyone 16+ who meet the qualifying criteria
  • Referrals can be made to an Approved Mental Capacity Professional (AMCP).

You can find out more about Liberty Protection Safeguards via the UK Government website or you can speak to your social worker or health professional.

Here you will find a link to the English and Welsh consultation

The UK and Welsh Governments Easy reads and videos can be found below

Or listen to our Podcast produced by Torfaen Voluntary Alliance

Social Services (Adults)

01495 762200
ss_calltorfaen@torfaen.gov.uk