Implementing the Mental Capacity (Amendment) Act 2019

The Mental Capacity (Amendment) Act 2019 received Royal Assent on
16 May 2019. The Act amends the Mental Capacity Act 2005 and introduces the Liberty Protection Safeguards (LPS) – a new process for authorising deprivations of liberty for persons who lack capacity to make a particular decision. The LPS replaces the Deprivation of Liberty Safeguards (DoLS) which were introduced in 2008 as an earlier amendment to the Mental Capacity Act 2005.

Implementation of the LPS was planned to begin in April 2022 but was delayed by the coronavirus pandemic. On 17 March 2022, the Government opened a 16 week public consultation on proposed changes to the Mental Capacity Act Code of Practice, including guidance on the new LPS.

This briefing outlines the legal and policy background to the Mental Capacity (Amendment) Act 2019 and provides an overview of its the main provisions.

The briefing also includes links to relevant Department of Health and Social Care factsheets and guidance, in addition to responses to the legislation from professional bodies and special interest groups.

Further detail on the background to the reform process is available in Commons Library Briefings on the Deprivation of Liberty Safeguards (CBP8095) and the Mental Capacity (Amendment) Bill (CBP8466), as well as the Lords Library Briefing on the Mental Capacity (Amendment) Bill [HL]: Briefing for Lords stages.