When a care package deprives a person who lacks capacity to make decisions regarding their residence and care of their liberty, such a deprivation is to be authorised by the Deprivation of Liberty Safeguards under Schedule A1, Mental Capacity Act 2005. From April 2022, the Mental Capacity (Amendment) Act 2019 will come into force:
– Introducing Liberty Protection Safeguards (‘LPS’) in a new Schedule AA1 to the 2005 Act
– Deleting Schedule A1
– Extending statutory review of deprivation of liberty to 16 and 17 year olds
– Designating ‘Responsible Bodies’ to authorise deprivation of liberty
– Creating roles for ‘Approved Mental Capacity Professionals’
– Requiring a capacity determination, a mental disorder determination, and a ‘necessary and proportionate’ determination
– Increasing involvement for families, and creating the role of ‘appropriate person’ to represent and support the cared-for person
– Extending the scheme to domestic settings
– Omitting challenges under s.21A MCA and replacing them with similar challenges under new s.21ZA.
In this free 1 hour webinar, Rory O’Ryan of Garden Court North Chambers will consider these interesting amendments, and more. Of interest will be the change from the current ‘best interests’ requirements for an authorisation, to a ‘necessary and proportionate’ assessment.
Details of how to view the webinar recording and slides will be provided to everyone that registers for the webinar.
This webinar is aimed at legal practitioners and those working with them, with an assumed basic knowledge of the topic area.