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Private Client Section

MoJ consults on code of practice for Mental Capacity Act

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The Ministry of Justice is calling for evidence on the code of practice for the Mental Capacity Act 2005 (MCA 2005).

The consultation closes on 7 March 2019.

The government want to ensure the guidance around the MCA 2005 reflects the current needs of vulnerable individuals. They are seeking views from a wide variety of stakeholders, to inform decisions on how to revise the existing code of practice.

The MCA 2005 itself is not under review. The code of practice is a key document supporting the MCA 2005 with practical guidance and examples of best practice for carers and practitioners.

The code will be updated to reflect changes in case law and any practical lessons learnt in applying the guidance since it was introduced in 2007. The revised version will also include guidance relating to the new Liberty Protection Safeguards (formerly Deprivation of Liberty Safeguards).


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