The long-awaited public consultation on proposed changes to the Mental Capacity Act (MCA) Code of Practice for England and Wales, which includes guidance on the new LPS system, has been published. It is a joint consultation published by DHSC and MoJ and runs for 16 weeks from the 17 March until 7 July 2022.
The consultation documents identifies 25 questions that the team would like to have views on and responses can be made online.
Alongside the consultation, six sets of draft regulations, which will underpin LPS, have also been published. While these do not require consultation views are sought on the policy detail. The documents are:
The long promised consultation on a new MCA Code of Practice, to account for changes required by the planned implementation of liberty protection safeguards, is to open very soon according to the latest bulletin from the implementation team.
The consultation will run for a longer period than initially envisaged - 16 weeks instead of 12 - apparently to account for May’s local government elections. Six sets of regulations will also be published alongside the consultation (though formally no consultation is required).
The Government is expected to respond to the consultation in Winter 2022-23. An implementation date for liberty protection safeguards is not expected to be set until then.
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