Revising the Mental Capacity Act 2005 Code of Practice: call for evidence

Ministry of Justice, January 2019

This call for evidence will aim to seek views and contributions from a range of stakeholders, to develop a robust evidence base which will inform revisions made to the Mental Capacity Act Code of Practice.

The consultation closes on 7th March 2019.

Click here for further information and to respond to the consultation.

 

Mental Capacity (Amendment) Bill: (Briefing Paper Number CBP8466)

House of Commons Library, December 2018

House of Commons Library briefing that provides an overview of the Mental Capacity (Amendment) Bill, and the debates and amendments made during the Bills Lords stages, ahead of its Second Reading in the Commons on 18 December 2018. The intention of the Bill is to reform the process ( Deprivation of Liberty Safeguards (DoLS))for authorising arrangements which enable people who lack capacity to consent to be deprived of their liberty (for the purpose of providing them with care or treatment).

Click here to view the briefing.

Equality analysis: liberty protection safeguards – Mental Capacity (Amendment) Bill

Department of Health Social Care, December 2018

Examines the potential impact on protected groups of the Mental Capacity (Amendment) Bill, which seeks to replace current legislation with Liberty Protection Safeguards. It looks at the positive, neutral and negative effects that this legislation could have on people with protected characteristics and other groups, such as carers.

Click here to view the full report.

Modernising the Mental Health Act: Increasing choice, reducing compulsion: Final report of the Independent Review of the Mental Health Act 1983

Department of Health and Social Care, December 2018

The final report sets out recommendations covering 4 principles that the review believes should underpin the reformed Act:

  • choice and autonomy – ensuring service users’ views and choices are respected
  • least restriction – ensuring the Act’s powers are used in the least restrictive way
  • therapeutic benefit – ensuring patients are supported to get better, so they can be discharged from the Act
  • people as individuals – ensuring patients are viewed and treated as rounded individuals

The review looked at:

  • rising rates of detention under the Act
  • the disproportionate number of people from black and minority ethnic groups detained under the Act
  • processes that are out of step with a modern mental health care system

Click here to view the report.

Women In Crisis: How Women And Girls Are Being Failed By The Mental Health Act

Agenda, August 2018

Agenda report establishing growing evidence that being detained under the Mental Health Act 1983 can be detrimental to women and girls’ wellbeing, with little attention paid to their particular needs, including their experiences of trauma. This can have devastating consequences for women and girls, as shown by previously unpublished figures on self-inflicted deaths outlined in this report.

Click here to view the full report.