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Mental Capacity Act 2005

Volume 485: debated on Wednesday 17 December 2008

To ask the Secretary of State for Health (1) what (a) amendments have been made to and (b) recent representations he has received on the Mental Capacity Act 2005; and if he will make a statement; (242699)

(2) which (a) statutory instruments, (b) departmental circulars and (c) other documents he (i) has issued and (ii) plans to issue in the next 12 months consequential on the provisions of the Mental Capacity Act 2005; and if he will make a statement.

The Mental Capacity Act 2005 has been amended under the Mental Health Act to introduce the Deprivation Of Liberty Safeguards which will come into force on 1 April 2009. It was also used to introduce a small amendment to increase access to the Independent Mental Capacity Advocate service.

Officials are working on the implementation of both the Mental Capacity Act 2005 and the subsequent amendments and they have been involved in consultations on the new code and the development of training and forms and monitoring. They are working closely with stakeholders from a range of organisations.

There have been no recent ministerial representations on the Mental Capacity Act 2005.

Three statutory instruments have been laid in relation to the amendments to the Mental Capacity Act brought about by the Mental Health Act. In addition, the code of practice for the Deprivation of Liberty Safeguards, a Local Authority Circular and a letter to the NHS have been issued.

There are plans to lay one further statutory instrument on monitoring the Safeguards and to issue further local authority circulars and letters to the NHS as required.

The relevant legislative and non-legislative information is as follows.

Statutory Instruments (SI)

2008 No. 1858

Mental Capacity, England: The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008

Made: 9 July 2008; came into force: 3 November 2008

2008 No. 1315

Mental Capacity, England

The Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person's Representative) Regulations 2008

Made: 14 May 2008; Laid 20 May 2008; came into force: 3 November 2008

2008 No. 2368

Mental Capacity, England

The Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person's Representative) (Amendment) Regulations 2008

Made: 5 September 2008; Laid 12 September 2008; came into force: 3rd November 2008

A further SI on monitoring will be laid

The Deprivation of Liberty Safeguards Code of Practice

Under the Amendment to the MCA, brought about by the MHA, the Lord Chancellor has issued a code of practice for the Deprivation of Liberty Safeguards (which is subject to the negative parliamentary process) and which was published in August 2008.

The Department has issued one Local Authority Circular, which sets out the resources available to local authorities over the three year period: LAC (DH) 2008.

The Department sent one letter to chief executives on 28 April about resources being made available to the NHS.

There will be further correspondence with both local authorities and the NHS in 2009 about the Deprivation of Liberty Safeguards.