NHS Providers response to the MCA draft code and LPS implementation consultation

This document sets out high-level feedback NHS trusts and foundation trusts have shared with us in response to the Department for Health and Social Care (DHSC) and the Ministry of Justice (MoJ)’s consultation on proposed changes to the Mental Capacity Act Code of Practice and implementation of Liberty Protection Safeguards (LPS).

Under LPS, deprivations of liberty need to be authorised in advance by the ‘responsible body’, which for hospitals will usually be a manager in the trust that runs the hospital. This provision will allow the NHS, rather than local authorities, to make decisions about patients and service users, resulting in a more efficient and clearly accountable process because patients are most likely to be onsite or in touch with NHS services at the time they require these provisions.

It will be important for the DHSC and the MoJ to engage with trusts directly for more operationally-focused views and evidence to finalise the MCA code of practice and plans for LPS implementation. It will also be important for the government to continue to work closely with health and care organisations to develop a robust and achievable plan for implementation. Other demands being placed on the system, and the capacity of health and care staff to deliver what is required, need to continue to be carefully considered as this work progresses.

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