Update: Mental Capacity Act Codes of Practice

All healthcare professionals dealing with capacity issues will have a duty to comply with the statutory Codes of Practice that support the Mental Capacity Act 2005. There are two Codes, one supporting the MCA and the other for Deprivation of Liberty Safeguards. Both have become out of date since their initial publication in 2007 and 2009 respectively – and as part of the coming into force of the Mental Capacity (Amendment) Act 2019, we await the new Code that will update the main MCA and the new Liberty Protection Safeguards.

However with the delay to the LPS and while we await the consultation on the new Code, expected this year (you can read our earlier blog on the delay here), colleagues at 39 Essex Chambers (Alex Ruck Keene, Victoria Butler-Cole QC and Neil Allen) have prepared an entirely unofficial guide to those parts of the Code which are most obviously out of date. You can read the unofficial guide here. This six-page guide is a must read for professionals navigating this complex area, supported by a useful set of resources.

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