The government has launched a consultation to update the Mental Capacity Act Code of Practice to better support those with learning disabilities and autism who may require others to make decisions in their best interests.
The aim of the consultation is to ensure freedoms and human rights of people lacking mental capacity are better protected.
These decisions could include where a person should live, whether assistive technology like sensors or keypad entry should be installed, setting times for refreshments or activities, whether they can leave the accommodation or restraint in certain circumstances among others.
The Mental Capacity Act Code of Practice sets out how carers and practitioners can make these decisions for others on a day-to-day basis while ensuring the individual is both protected and empowered.
The new Liberty Protection Safeguards being consulted on will:
Minister for Care and Mental Health Gillian Keegan said: “Some of the most vulnerable people in society are lawfully deprived of their liberty to ensure they receive the best possible care, as safely as possible, while they are in hospital or living in a care home. Liberty Protection Safeguards put people at the heart of care, just as we promised in our reform programme and will give them more of a say in their care.
“The proposed changes will speed up processes and increase fairness, ensuring the balance between a person’s human rights and freedoms and their need to receive the right care in the right place at the right time.”
This is the first revision of the code since its publication in 2007 and reflects changes in legislation, case law, organisations and good practice which have developed over time. The consultation will end on 7th July 2022.
