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Mental Capacity Act 2005 Code of Practice Revisions – call for evidence

The Mental Capacity Act 2005 (MCA) Code of Practice is to be revised to take account of changes in case law and lessons learned through practitioners using the Code over the past 11 years since it was published

The Ministry of Justice has issued a “call for evidence” and asked for thoughts and feedback on how it can best refine and improve the Code to reflect current needs. It has produced an online survey and you can comment on as many sections of Code as you wish.

How these amendments work with other ongoing reviews
Other reviews of legislation and guidance are also ongoing. The deprivation of liberty safeguards are being replaced with Liberty Protection Standards (LPS). The Bill making these changes is currently going through Parliament. There will be a new LPS Code and the Ministry of Justice has made it clear that this will complement and be an integral part of the revised part of the MCA Code.

The Government has also announced it will introduce a new Mental Health Bill to transform mental health care. Again the Ministry of Justice has said that they will ensure that any changes to mental health law align with changes in the revised MCA Code.

What next?
If you would like to provide your thoughts and feedback on the current Code, which will be used by the Ministry of Justice to shape the drafting of the new Code, please click here. This consultation is open until 7 March 2019.


Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.

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