Some of the UK’s most vulnerable people are lawfully deprived of their liberty in order to ensure they receive the best possible care in the safest way possible. Those who have their freedoms restricted will be put at the centre of a new system designed to better protect their human rights.
The Department of Health and Social Care and the Ministry of Justice have launched a consultation to update the Mental Capacity Act Code of Practice – the guidance for decisions made under the 2005 Mental Capacity Act – to better support those who may need assistance with their everyday decision-making. People with dementia, acquired brain injuries, learning disabilities or autism, for example, may lack the mental capacity to make key decisions for themselves and thus require others to make decisions that are in their best interests.
This is the first revision to the code since its introduction in 2007 and ‘reflects changes in legislation, case law, organisations and good practice which have developed over time.’ Even the change of wording from the old ‘Deprivation of Liberty Safeguards’ to the new ‘Liberty Protection Safeguards’ showcases the change in approach – the focus now is on how people can be afforded the maximum possible freedom while still keeping them safe.
The Mental Capacity Act Code of Practice helps carers and practitioners strike a balance between protecting and empowering patients on a day-to-day basis. The new safeguards that are currently being consulted on will help perfect this balance with a greater focus on patient empowerment.
New changes will introduce an explicit duty to find out the individual’s wishes and feelings about proposed arrangements through consultations with them and their support network. In order to ensure people’s rights are protected, representatives such as IMCAs (independent mental capacity advocates) will also be allowed to play a more active role in assessing necessary safeguarding decisions. New mental capacity professional roles will also be introduced to help support those in the most complex cases.
The consultation process also aims to better integrate Liberty Protection Safeguards into health and social care assessments to ensure people get the best possible outcomes right from their first assessment. Along with the addition of more IMCA roles, this will help reduce the number of assessments needed to find the best possible solution for the individual at the heart of the case.
‘The proposed changes will speed up processes and increase fairness, ensuring the balance between a person’s human rights and freedoms and their need to receive the right care in the right place at the right time,’ commented Gillian Keegan, Minister for Care and Mental Health.
The open consultation is running until July 7th and welcomes responses from people with particular experience of/ interest in the topic.
Alongside this consultation, the government is also calling for evidence to support people with acquired brain injuries (ABIs) and reduce the impact of these injuries on their lives. Responses have been requested from anyone with experience of living with an ABI themselves or working with patients with ABIs. This evidence will hopefully be used to identify gaps and find ways to improve services that support those with acquired brain injuries.
People with ABIs may fall under the remit of Liberty Protection safeguards dependent on the severity of the injury and the extent of its impact. These two consultations will likely run hand in hand and overall improve the safety of vulnerable members of society.
