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Mental Capacity Act 2005

Volume 502: debated on Monday 14 December 2009

To ask the Secretary of State for Health what (a) statutory instruments, (b) departmental circulars and (c) other documents he (i) has issued in the last 12 months and (ii) plans to issue in the next 12 months consequent on the provisions of the Mental Capacity Act 2005; and if he will make a statement. (303896)

The statutory instruments (SI), departmental circulars, other documents issued in the last 12 months consequent on the provisions of the Mental Capacity Act 2005 are shown as follows. There are no current plans to issue SIs in the next 12 months but there are plans to publish further guidance and possibly departmental circulars to support the implementation of the Act.

Statutory instruments

Issued in the last 12 months

1. Transitional arrangements were introduced via the Mental Health Act 2007 (Commencement No. 10 and Transitional Provisions) Order 2009 (SI 2009 No. 139), which were laid on 4 February 2009, to ease the handling of the then anticipated volume of assessments requested by managing authorities (care homes and hospitals) from supervisory bodies (local authorities and primary care trusts (PCTs)) following the implementation of the Deprivation of Liberty Safeguards (DOLS) on 1 April 2009.

2. Amending regulations to the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000 were made via the NHS Bodies and Local Authorities Partnership Arrangements (Amendment) Regulations 2009 (SI 2009 No. 278), which were laid on 18 February 2009. The Mental Capacity Act Deprivation of Liberty Safeguards are now included on the list of functions of NHS Bodies as a result of regulation 5 of that SI, thereby enabling PCTs to enter into formal partnership arrangements with a local authority under section 75 of the National Health Service Act 2006. Local authorities are enabled to carry out MCA DOLS functions on behalf of PCTs. Powers for LAs to enter into formal partnership arrangements with a PCT under section 75 of the National Health Service Act 2006 and for PCTs to carry out MCA DOLS functions on behalf of PCTs already existed.

3. The Mental Capacity (Deprivation of Liberty: Monitoring and Reporting; and Assessments—Amendment) Regulations 2009 (SI 2009 No. 827), which were made on 31 March 2009, provide for the powers of the Care Quality Commission for the purpose of monitoring, or reporting on, the operation of the Deprivation of Liberty Safeguards.

Departmental circulars

Issued in the last 12 months

1. A Dear Colleague Letter was issued on 19 March 2009 to confirm the funding available to PCTs in 2009-10 to support the implementation of the Mental Capacity Act.

http://www.dh.gov.uk/en/Publicationsandstatistics/Lettersandcirculars/Dearcolleagueletters/DH_096559

2. LAC(DH)(2009)2 was issued on 24 March 2009 to confirm the funding available to LAs in 2009-10 to support the implementation of the Mental Capacity Act.

www.dh.gov.uk/en/Publicationsandstatistics/Lettersandcirculars/LocalAuthorityCirculars/DH_096868

Copies of both documents have been placed in the Library.

Other documents

Issued in the last 12 months

General guidance

A range of guidance to support the implementation of the Act is available on dedicated pages on the Department’s website and further guidance, for example, in relation to significant case law developments will be placed there over the next 12 months.

www.dh.gov.uk/en/SocialCare/Deliveringadultsocialcare/MentalCapacity/MentalCapacityAct2005/index.htm

http://www.dh.gov.uk/en/SocialCare/Deliverin gadultsocialcare/MentalCapacity/MentalCapacityActDeprivationofLiberty Safeguards/index.htm

Specific guidance

Guidance was issued on 1 April 2009, on the Department’s website and a copy has been placed in the Library, regarding arrangements under paragraph 183(4) of schedule A1 to the Mental Capacity Act 2005 between the Secretary of State and the Welsh Ministers. They set out that, where questions about a person’s ordinary residence arise in relation to which local authority should act as the supervisory body, the Secretary of State will determine cross-border ordinary residence disputes between England and Wales where the person to whom the dispute relates is accommodated in a care home in England. The Welsh Ministers will determine cross-border disputes where the person to whom the dispute relates is accommodated in a care home in Wales.

www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_097383