Mental Capacity Act (2005) Code of Practice
The Code of Practice (Code) provides guidance on how the Mental Capacity Act 2005 (Act) works on a day-to-day basis. It has case studies and explains in more detail what the key features of the law are. Certain categories of people have a legal duty to have regard to the Code. This includes:
- Professionals and anyone who is paid for the work they do in relation to people who lack capacity e.g. Doctors, nurses, social workers, care managers, solicitors, police officers, ambulance crew and paid carers;
- Attorneys appointed under a Lasting Power of Attorney (LPA) or Enduring Power of Attorney (EPA); and
- Deputies appointed by the Court of Protection (Court). Family, friends and unpaid carers do not have a duty to 'have regard' to the Code but will still find the guidance helpful.
A hard copy of the Code can be purchased from TSO (The Stationery Office). You can contact them on telephone number is 0870 600 5522, email them customerservices@tso.co.uk or visit their website
www.tsoshop.co.uk/.
Deprivation of liberty safeguards - Code of Practice
The Mental Capacity Act 2005 (MCA) deprivation of liberty safeguards (DOLS) Code of Practice (the Code) was laid in Parliament 13 June 2008. The Code is a supplement to the main MCA Code of Practice, published in April 2007.
The laying of the Code follows the laying of two sets of MCA DOLS regulations in Parliament on 20 May. Subject to successful completion of the Parliamentary process, final versions of the Code and regulations will be available by late July.
The DOLS were inserted into the MCA by the Mental Health Act 2007. It is planned that the DOLS will come into force in April 2009. The Code contains guidance on the MCA DOLS. It is particularly intended to provide guidance for professionals involved in administering and delivering the DOLS, who are under a duty to have regard to the Code.
The Code is also intended to provide information for people who are, or could become, subject to the deprivation of liberty safeguards, and for their families, friends and carers, as well as for anyone who believes that someone is being deprived of their liberty unlawfully."
Further information on DOLS can be found on the
Department of Health website.
