View source for Mental Capacity Act 2005 Code of Practice

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"The Code of Practice for the Mental Capacity Act was formally issued by the Lord Chancellor on 23 April 2007. It provides guidance and information on how the Act will work on a day to day basis for anyone who works with or cares for people who lack capacity, including family, friends and unpaid carers." (DCA quotation)

*[[Department for Constitutional Affairs, Mental Capacity Act 2005: Code of Practice (2007)]] (book page)

* [https://www.gov.uk/government/publications/mental-capacity-act-code-of-practice Mental Capacity Act Code of Practice] (Government website)

*[http://www.wales.nhs.uk/sites3/Documents/744/Code%20of%20Practice%20W.pdf Welsh language version] (NHS Wales website)

* [http://www.publications.parliament.uk/pa/cm200607/cmhansrd/cm070423/wmstext/70423m0001.htm#0704237000001 Parliamentary statement] (Parliament website)

*[[:File:MH Foundation Making Best Interests Decisions.pdf|Val Williams et al, 'Making Best Interests Decisions: People and Processes' (Mental Health Foundation, 31/1/12)]]. The accompanying press release is entitled 'MCA Code of Practice needs revising to enable more effective best interests decisions to be made'.
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"The deprivation of liberty safeguards have been introduced into the Mental Capacity Act 2005 by the Mental Health Act 2007. It is planned that the safeguards will come into force in April 2009.
The safeguards provide a framework for approving the deprivation of liberty for people who lack the capacity to consent to treatment or care in either a hospital or care home that, in their own best interests, can only be provided in circumstances that amount to a deprivation of liberty. The safeguards legislation contains detailed requirements about when and how deprivation of liberty may be authorised. It provides for an assessment process that must be undertaken before deprivation of liberty may be authorised and detailed arrangements for renewing and challenging the authorisation of deprivation of liberty.

"The Code of Practice contains guidance on the deprivation of liberty safeguards. It is particularly intended to provide guidance for professionals involved in administering and delivering the safeguards, who are under a duty to have regard to the Code. The Code is also intended to provide information for people who are, or could become, subject to the deprivation of liberty safeguards, and for their families, friends and carers, as well as for anyone who believes that someone is being deprived of their liberty unlawfully." (DH website)

*[[Ministry of Justice, Mental Capacity Act 2005: Deprivation of Liberty Safeguards Code of Practice (2008)]] (book page)

* [http://webarchive.nationalarchives.gov.uk/20130107105354/http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_085476 Deprivation of liberty safeguards - Code of Practice to supplement the main Mental Capacity Act 2005 Code of Practice] (DH website)
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==See also==
*{{rsum|Alex Ruck Keene, Victoria Butler-Cole and Neil Allen, 'Mental Capacity Act/DOLS Codes of Practice update' (21/2/22)}}
*{{rsum|DHSC, 'Changes to the MCA Code of Practice and implementation of the LPS' (consultation from 17/3/22 to 14/7/22)}}