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 - Minister of State (Department of Health and Social Care)

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 - Parliamentary Under-Secretary (Ministry of Justice)

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 - Minister of State (Department of Health and Social Care)

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