Found: Most obviously, the Mental Capacity (Amendment) Act 2019, which provides for the replacement of Deprivation

Found: Most obviously, the Mental Capacity (Amendment) Act 2019 was passed after a Law Commission report concluded

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, whether his Department has considered the potential merits of reviewing the current approach to mental capacity assessments, particularly in relation to addiction and conditions which may involve fluctuating capacity, such as short-term dementia.

Answered by Stephen Kinnock - Secretary of State for Wales

On 18 October 2025, my Rt Hon. Friend, the Secretary of State for Health and Social Care, announced the intention to launch a public consultation on the Liberty Protection Safeguards (LPS) in 2026. The consultation will cover a revised Code of Practice and will incorporate changes in case law, legislation, and good practice in the application of the Mental Capacity Act 2005 (MCA).

The LPS as introduced by the Mental Capacity (Amendment) Act 2019 aims to deliver streamlined processes and assessments for authorising deprivations of liberty, including for individuals with fluctuating capacity. This consultation will seek the views of those affected, and people involved in their care and welfare. The responses from this consultation will be used to inform a final MCA Code of Practice which will be laid in Parliament.

Question to the Ministry of Justice:

To ask His Majesty's Government what plans they have to update the Mental Capacity Act 2005 by bringing into force uncommenced sections of (1) the Mental Capacity (Amendment) Act 2019, and (2) the Powers of Attorney Act 2023, and on what timescale.

Answered by Baroness Levitt

The Ministry of Justice has overall responsibility for the Mental Capacity Act (MCA) 2005. The Act provides a framework for making decisions on behalf of adults who are unable to do so for themselves.

The Department for Health and Social Care is responsible for the Mental Capacity (Amendment) Act 2019. This provides for a new system of safeguards (Liberty Protection Safeguards, or LPS) in care and treatment settings when a person lacks capacity and cannot consent to a deprivation of liberty.

The Government announced on 18 October the intention to consult on LPS. This consultation is planned to take place in 2026.

The Powers of Attorney Act 2023 introduced several provisions to enable modernisation of the Lasting Powers of Attorney (LPA) system, to increase safeguards in the process and improve access to LPAs. This is a complex project and it is important we take the time to get the new service design right. We will give more information in due course about readiness for testing the modernised service.

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what assessment he has made of the adequacy of criteria for (a) parental and (b) professional involvement in decision-making for young people who lack the capacity to make the appropriate decisions to keep themselves safe after they turn 18.

Answered by Stephen Kinnock - Secretary of State for Wales

People over the age of 18 years old come under the Mental Capacity Act (MCA) 2005, which has the statutory principle that an individual must be assumed to have capacity unless it is established otherwise. All practicable steps must be taken to help any individual above 18 years old to make a decision by themselves, and if unsuccessful, then all decisions made on their behalf must be in their best interests.

On 18 October 2025, my Rt Hon. Friend, the Secretary of State for Health and Social Care announced the intention to launch a public consultation on the Liberty Protection Safeguards (LPS) in the first half of 2026. The consultation will cover a revised Code of Practice and will incorporate changes in case law, legislation, and good practice in application of the MCA.

The LPS, as introduced by the Mental Capacity (Amendment) Act 2019, aims to deliver greater involvement of families and professionals in providing care to vulnerable people in circumstances that amount to a deprivation of liberty.

Found: · Liberty Protection Safeguards were introduced in the Mental Capacity (Amendment) Act 2019 and

Found: proposed legislation and the mental capacity legislation (Mental Capacity Act 2005 and Mental Capacity Amendment Act

Found: liberty, and provide administrative procedures for 16 and 17 year olds as well. 9 The Mental Capacity (Amendment) Act

Found: In 2019, the government passed the Mental Capacity (Amendment) Act, which planned to replace the DoLS

Found: capacity law in England and Wales, for influencing legislation and law reform – such as the Mental Capacity (Amendment) Act

Found: Introduced through the Mental Capacity (Amendment) Act 2019, LPS were intended to replace DoLS.

Found: In 2019, the government passed the Mental Capacity (Amendment) Act, which planned to replace the DoLS

Found: these issues, the Liberty Protection Safeguards (LPS) were developed as part of the Mental Capacity (Amendment) Act

Found: Introduced in the Mental Capacity (Amendment) Act 2019, the LPS have been designed to put the rights

Found: The Liberty Protection Safeguards were introduced in the Mental Capacity (Amendment) Act 2019 and will

Found: Legislation These actions set out how we implemented the legal changes to be made by the Mental Capacity (Amendment) Act

Found: The UK Government introduced the Mental Capacity (Amendment) Act 2019, with the view to repealing DoLS

Found: Equality Act 2010j) Welsh Language (Wales) Measure 2011k) The Mental Capacity Act 2005l) The Mental Capacity (Amendment) Act

Found: The Mental Capacity (Amendment) Act 2019: Liberty Protection Safeguards (LPS)20 introduce the Liberty

Found: introduction of the Liberty Protection Safeguards (the LPS) and the implementation of the Mental Capacity (Amendment) Act

Found: We have welcomed the Mental Capacity (Amendment) Act 2019 and the regulation-making powers it provides

Found: ) Regulations 2022 EXPLANATORY NOTE (This note is not part of the Regulations) The Mental Capacity (Amendment) Act

Found: Regulations 2022 EXPLANATORY NOTE (This note is not part of the Regulations) The Mental Capacity (Amendment) Act

Found: UK Government are bringing in a new law: the Mental Capacity (Amendment) Act (2019).

Found: Regulations 2022 EXPLANATORY NOTE (This note is not part of the Regulations) The Mental Capacity (Amendment) Act

Found: Regulations 2022 EXPLANATORY NOTE (This note is not part of the Regulations) The Mental Capacity (Amendment) Act

Found: Overview of the Mental Capacity (Amendment) Act 2019 and the new Liberty Protection Safeguards This

Found: Impact Assessment for Regulations for Wales which support the implementation of the Mental Capacity (Amendment) Act

Found: implementation of the new Liberty Protection Safeguards in Wales (the LPS), as introduced by the Mental Capacity (Amendment) Act

Found: Original consultation We want your views on the draft Regulations on the Mental Capacity (Amendment) Act

Found: Explanatory Memorandum to Regulations for Wales which support the implementation of the Mental Capacity (Amendment) Act

Found: The Liberty Protection Safeguards ( the LPS) are a new system introduced by the UK Mental Capacity (Amendment) Act

Found: The Liberty Protection Safeguards (the LPS) are a new system introduced by the UK Mental Capacity (Amendment) Act

Found: The Liberty Protection Safeguards (the LPS) are a new system introduced by the UK Mental Capacity (Amendment) Act

Found: What are the aims of the Mental Capacity (Amendment) Act 2019?

Found: MEG, we will be providing around £8m next year to support the implementation of the UK Mental Capacity (Amendment) Act

Found: introduction of the Liberty Protection Safeguards (the LPS) and the implementation of the Mental Capacity (Amendment) Act

Found: We have welcomed the Mental Capacity (Amendment) Act 201916 and the regulation-making powers it provides

Found: In 2019, the UK Government passed the Mental Capacity (Amendment) Act which will repeal DoLS and replace

Found: Liberty Protection Safeguards (LPS) and how the ALN system will be reflected in the Mental Capacity (Amendment) Act

Found: for the coming into force by the changes made to the Mental Capacity Act 2005 by the Mental Capacity (Amendment) Act

Found: (8.3iii) Welsh Government (HSS) to prepare and support the implementation of the Mental Capacity Amendment Act