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.

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.