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.

House of Commons Library briefing on Deprivation of Liberty Safeguards

House of Commons Library, October 2017

This briefing reviews Deprivation of Liberty Safeguards (DoLS) that were introduced into the Mental Capacity Act by the Mental Health Act 2007.


There have been recent changes affecting the DoLS. A Supreme Court judgement in 2014 significantly widened the definition of deprivation of liberty, meaning more people were subsequently considered to have their liberty deprived. There was a ten-fold increase in the number of deprivation of liberty applications following the judgment.

In March 2017, the Law Commission published a report and Draft Bill recommending an overhaul of the DoLS process. The Law Commission recommends that DoLS are repealed as a matter of urgency, and are replaced by a new scheme called the Liberty Protection Safeguards. The new safeguards intend to streamline the process for assessing whether a deprivation of liberty is necessary, and obtaining the required authorisation. The Government is due to publish its response to the recommendations.

Click here to view the briefing.

Capacity and consent: new tool to support your decision making

General Medical Council, June 2016

If you are in doubt about your patient’s capacity to make a decision about their treatment, a new interactive online tool will help you identify the steps you need to take.

This tool draws on the principles in GMC guidance Consent: patients and doctors making decisions together and Treatment and care towards the end of life. It includes a case study at each stage of the decision-making process to show how the guidance applies to the clinical situations you may face.

The tool also features a range of downloadable resources, such as relevant guidance, a flowchart setting out all the steps in the tool, case studies, and a record to help you reflect on your skills and understanding.

Click here for further information and to access the tool.

Department of Health response to the Law Commission’s consultation on mental capacity and deprivation of liberty

Department of Health, December 2015

The Department of Health has published its response to the Law Commission’s consultation on how the law should regulate deprivations of liberty (DoLS) for people who lack capacity to consent to their care and treatment arrangements. The consultation proposes that DoLS should be replaced by a new system called ‘protective care’. It also proposes that there should be a new code of practice. The Law Commission will publish its final recommendations by the end of 2016.

Click here to view the response.