This section, and section 5 except subsection, The other provisions of this Act come into force—. where the pre-authorisation review is in relation to an authorisation by an English responsible body, the Secretary of State, and. The power to make regulations under this section is exercisable by statutory instrument. Where arrangements are proposed, the responsible body must as soon as practicable take such steps as are practicable to ensure that—. (5)An order under subsection (4) may, in particular, exclude a person from liability. (b)a hospital as defined by section 206 of the National Health Service (Wales) Act 2006 vested in a Local Health Board. (e)a pre-authorisation review, arranged by the responsible body, has been carried out in accordance with paragraphs 24 to 26, (f)the person carrying out the review has determined—, (i)under paragraph 25, that the authorisation conditions are met, or, (ii)under paragraph 26, that it is reasonable for the responsible body to conclude that those conditions are met, and. The LPS will apply to those 16 and above unlike the DoLS which was specifically for 18+. “Approved Mental Capacity Professional” means a person approved in accordance with Part 4 as an Approved Mental Capacity Professional for the purposes of this Schedule; “arrangements” must be read in accordance with paragraph 2; “authorisation” means authorisation of arrangements under this Schedule, and “authorise” and related words are to be read accordingly; “authorisation conditions” has the meaning given by paragraph 13; “authorisation record” has the meaning given by paragraph 27; a place which is a care home within the meaning given by section 3 of the Care Standards Act 2000, or. (b)in relation to the operation of this Schedule in relation to Wales, the Welsh Ministers. The government is drafting a code of practice that will clarify how the LPS will work in practice. (i)what the wishes and feelings of the cared-for person who that appropriate person represents and supports would be likely to be and the beliefs and values that would be likely to influence the cared-for person; (ii)what alternative courses of action are available in relation to the cared-for person who that appropriate person represents and supports;”. the cared-for person lacks capacity to consent to being represented and supported by an IMCA, unless. at the end of any shorter period specified by the responsible body at the time it gives the authorisation. (b)a person who has a connection, of a kind prescribed by regulations, with a care home. a requirement imposed in respect of a person by a guardian exercising the power under section 8 of the Mental Health Act; a condition or direction imposed or given in respect of a person by a responsible clinician exercising the power under section 17 of the Mental Health Act (leave of absence from hospital); a condition specified by a responsible clinician in a community treatment order made in respect of a person under section 17A of the Mental Health Act (for the imposition of conditions, see section 17B of that Act); a requirement imposed by a guardian in respect of a person who is the subject of a guardianship order under section 37 of the Mental Health Act (see section 40 of and Part 1 of Schedule 1 to that Act); a condition imposed by the Secretary of State on the discharge from hospital of a person subject to a restriction order under section 42 of the Mental Health Act; a condition imposed by any of the persons or bodies listed in sub-paragraph. (6)If provision to which sub-paragraph (1)(a) and (b) apply and other provision are combined, the “arrangements” for the purposes of this Schedule do not include that other provision. If more than one local authority is meeting the needs of a cared-for person for care and support under Part 1 of the Care Act 2014 the responsible local authority is the local authority for the area in which the cared-for person is ordinarily resident for the purposes of that Part of that Act. mental health trusts, ... (commonly known as Road Traffic Act insurance when a driver held only that amount of insurance). If the arrangements are care home arrangements and authorisation is being determined under paragraph. (b)in the definition of “local authority”, for “Schedule A1” substitute “Schedule AA1”. (6)In the cases mentioned in sub-paragraphs (1)(d), (4) and (5)(e), the “responsible local authority” is—. 45This Schedule does not apply to arrangements if—, (a)they are mental health arrangements (see paragraphs 46 to 56), or. GLOUCESTERSHIRE MULTI AGENCY MENTAL CAPACITY ACT POLICY Document reference: MCAGG POL 1 Version: 2.0. Introduction. (c)that the care home manager has carried out consultation under paragraph 23. where the cared-for person lacks capacity to consent to being represented and supported by that person, the responsible body is satisfied that being represented and supported by that person would be in the cared-for person’s best interests. that the cared-for person is aged 18 or over. the duty to consult that person does not apply. must be carried out before the authorisation is varied or, if that is not practicable or appropriate, as soon as practicable afterwards. (ii)the council of a district for which there is no county council; (iv)the Common Council of the City of London; (b)in Wales, the council of a county or county borough. The initial plan was for implementation in October 2020. (b)where the determination or assessment is in relation to an authorisation by a Welsh responsible body, the Welsh Ministers. The regulations may include provision giving a prescribed body authority—. 16(1)After authorising arrangements the responsible body must, without delay, arrange for a copy of the authorisation record to be given or sent to—. Omit— (a) section 16A; (b) section 21A and the italic... 3. Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: an update ontheMental Capacity (Amendment) Act; Court of Appeal sex social media; life -sustaining treatment in a ‘prolife’care home; an Strasbourg case on deprivation of liberty; and the former 14(1)The following must publish information about authorisation of arrangements under this Schedule—. any donee of a lasting power of attorney or an enduring power of attorney (within the meaning of Schedule 4) granted by the cared-for person, any deputy appointed for the cared-for person by the court, and, any appropriate person and any independent mental capacity advocate concerned (see Part, The main purpose of the consultation required by sub-paragraph. if there is an Education, Health and Care plan for the cared-for person, the local authority responsible for maintaining that plan; does not apply and the cared-for person has needs for care and support which are being met under Part 1 of the Care Act 2014, the local authority meeting those needs; in any other case, the local authority determined in accordance with sub-paragraph. (a)whether Schedule AA1 applies to the arrangements, or whether the authorisation conditions are met; (b)what period the authorisation has effect for; (3)If the court determines a question under subsection (2), the court may make an order—. a community treatment order under section 17A of the Mental Health Act; a guardianship application under section 7 of the Mental Health Act; a guardianship order under section 37 of the Mental Health Act; anything which has the same effect as something within paragraph. LPS will provide the framework to determine whether a … (g)a draft authorisation record has been prepared in accordance with paragraph 27. (4)Regulations under this section that repeal or amend a provision of an Act may not be made unless a draft of the statutory instrument containing them has been laid before Parliament and approved by a resolution of each House of Parliament. This paragraph applies if the following conditions are met. (b)the responsible body is satisfied the appropriate person’s being supported by an IMCA would be in the cared-for person’s best interests. 50(1)This paragraph applies if the following conditions are met. is to try to ascertain the cared-for person’s wishes or feelings in relation to the arrangements. 40(1)The appropriate authority may by regulations—. 22(1)The determination required by this paragraph is a determination by a person, who meets requirements prescribed by regulations made by the appropriate authority, made on an assessment by that person that the arrangements are necessary to prevent harm to the cared-for person and proportionate in relation to the likelihood and seriousness of harm to the cared-for person. The Liberty Protection Safeguards (LPS) were introduced in the Mental Capacity (Amendment) Act 2019. as an Approved Mental Capacity Professional for the purposes of this Schedule; “arrangements” must be read in accordance with paragraph, “authorisation conditions” has the meaning given by paragraph, “authorisation record” has the meaning given by paragraph, a place in Wales at which a care home service within the meaning of Part 1 of the, Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2). the arrangements are no longer authorised, any of the authorisation conditions are not met, or. (6)Regulations made by the appropriate authority under sub-paragraph (5)—, (a)may make provision about a connection of any kind (financial or otherwise), and. An authorisation ceases to have effect in relation to arrangements so far as at any time they are not in accordance with mental health requirements. (2)The regulations may include provision giving a prescribed body authority—. 34The conditions in this paragraph are that—, (i)that the authorisation conditions continue to be met, and, (ii)that it is unlikely that there will be any significant change in the cared-for person’s condition during the renewal period which would affect whether those conditions are met, and. The government consultation on replacing the DoLS is now closed. (a)that the cared-for person is aged 18 or over. (ii)under section 76 of the Social Services and Well-being (Wales) Act 2014 (anaw 4). the relevant person makes a reasonable request to the person informed under paragraph (b) for a review to be carried out. (a)a health service hospital as defined by section 275 of the National Health Service Act 2006 or section 206 of the National Health Service (Wales) Act 2006, or. (10)On any review where sub-paragraph (5) applies, the reviewer must refer the authorisation to an Approved Mental Capacity Professional for a determination as to whether the authorisation conditions are met. the responsible body is satisfied that this Schedule applies to the arrangements, the responsible body is satisfied, on the basis of the determinations required by paragraphs. 14(1)The following must publish information about authorisation of arrangements under this Schedule— (a)the hospital manager of each NHS hospital; (b)each clinical com… Overview of the Act 1 The purpose of the Mental Capacity (Amendment) Act 2019 is to reform the process under the Mental Capacity Act 2005 (“MCA”) for authorising arrangements enabling the care or treatment of people who lack capacity to consent to the arrangements, which give rise to a deprivation of their liberty. The arrangements may be ones that are proposed, or that are being carried out. in the case of a person with learning disability, the medical treatment is not to be considered by reason of that disability to be for mental disorder unless the disability is associated with abnormally aggressive or seriously irresponsible conduct by that person. (ii)in Wales, the provision of an equivalent to NHS continuing healthcare under arrangements made by a Local Health Board. (b)where the pre-authorisation review is in relation to an authorisation by a Welsh responsible body, the Welsh Ministers. to represent and support the cared-for person, in respect of the cared-for person (the “appropriate person”), and, If the responsible body has not, within 72 hours of arrangements being authorised, arranged for a copy of the authorisation record to be given or sent to each of the persons mentioned in paragraphs (a) to (d) of sub-paragraph. (b)consult any other person listed in paragraph 23(2), or take any other action, if it appears to the Approved Mental Capacity Professional to be appropriate and practicable to do so. (a)that the authorisation conditions continue to be met, (b)that it is unlikely that there will be any significant change in the cared-for person’s condition during the renewal period which would affect whether those conditions are met, and. 53(1)P is subject to the hospital treatment regime if P is subject to—, (a)an application, order or direction listed in column 1 of the Table, under the section of the Mental Health Act listed in column 2, or. (2)If the responsible body has not, within 72 hours of arrangements being authorised, arranged for a copy of the authorisation record to be given or sent to each of the persons mentioned in paragraphs (a) to (d) of sub-paragraph (1), the responsible body must review and record why not. “NHS continuing healthcare” is to be construed in accordance with standing rules under section 6E of the National Health Service Act 2006. , “responsible local authority”, in relation to a cared-for person aged 18 or over, means—. (7)For provision about determining whether P objects see paragraph 52. where the pre-authorisation review is in relation to an authorisation by a Welsh responsible body, the Welsh Ministers. (4)The responsible body must revise the authorisation record if there is any change in any of the matters that are specified or required to be specified in it. (a)a hospital manager of a hospital in England; (a)a hospital manager of a hospital in Wales; (a)the cared-for person lacks capacity to consent to the arrangements, (b)the cared-for person has a mental disorder, and. This act will replace DoLS with a new legal framework called Liberty Protection Safeguards (LPS). 29(1)An authorisation ceases to have effect (if not renewed)—, (a)at the end of the period of 12 months beginning with the day it first has effect, or. if a reasonable request is made by a person with an interest in the arrangements; if the cared-for person becomes subject to mental health arrangements; if the cared-for person becomes subject to mental health requirements; if (in any other case) the reviewer becomes aware of a significant change in the cared-for person’s condition or circumstances. 55In “medical treatment for mental disorder”—, (a)“medical treatment” has the same meaning as in the Mental Health Act (see section 145(1) and (4)), but. 3 years or less, on any subsequent renewal. , the responsible local authority is the local authority for the area in which the cared-for person is ordinarily resident for the purposes of that Act. 20(1)A statement for the purposes of paragraph 19(a) is a statement in writing by the care home manager—. (b)circumstances from the past are to be considered only so far as it is still appropriate to consider them. The ultimate aim is to streamline the process. 13In Part 1 of Schedule 9 to the Mental Health Act 2007 (amendments to Mental Capacity Act 2005) omit paragraphs 2, 5(3), 6, 7(3) and (4), 8, 9, 10(2) and (3) and 11. 1The Mental Capacity Act 2005 is amended as follows. in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not an NHS hospital, and. This video explains the Mental Capacity Act 2005 and how it can protect the right to make choices. All rights reserved. The time specified must not be later than the end of the period of 28 days beginning with the day on which the responsible body gives the authorisation. may, in particular, exclude a person from liability. Mental Capacity (Amendment) Act 2019 Government Bill. as they apply in relation to the cared-for person’s case. (c)the arrangements are for enabling medical treatment for mental disorder in a hospital. (a)whether the decision mentioned in paragraph (a) relates to the steps mentioned in subsection (1); (b)whether the arrangements mentioned in paragraph (b) include those steps. In subsection (1) for paragraphs (fa) and (fb) substitute—. (b)at the end of any shorter period specified by the responsible body at the time it gives the authorisation. a health service hospital as defined by section 275 of the National Health Service Act 2006 or section 206 of the National Health Service (Wales) Act 2006, or. (4)Before Schedule 1 insert the Schedule AA1 set out in Schedule 1 to this Act. (a)P is subject to the hospital treatment regime, (b)P is not detained in a hospital under that regime, and. Nothing in this section excludes a person’s civil liability for loss or damage, or a person’s criminal liability, resulting from that person’s negligence in doing the act. (2)For the purposes of section 4C (carrying out of authorised arrangements: restriction of liability) the arrangements are to be treated as authorised unless the person carrying out the arrangements knows or ought to know that—. 10(1)In paragraph 6(1)(e), “responsible local authority”, in relation to a cared-for person aged 18 or over, means—, (b)if there is an individual development plan for the cared-for person—, (i)the local authority responsible for maintaining that plan, or. Part 1 Amendments to the Mental Capacity Act 2005. All pages with titles beginning with Mental ; Mental disability (disambiguation) Mental foramen, an opening on the anterior surface of the mandible; Mental health This page was last edited on 12 March 2021, at 06:58 (UTC). 15(1)Where arrangements are proposed, the responsible body must as soon as practicable take such steps as are practicable to ensure that—. (4)The arrangements may be ones that are proposed, or that are being carried out. (d)any donee of a lasting power of attorney or an enduring power of attorney (within the meaning of Schedule 4) granted by the cared-for person, (e)any deputy appointed for the cared-for person by the court, and. (iii)the circumstances in which a referral may or will be made to an Approved Mental Capacity Professional. (4)Condition 2 is that the steps are necessary in order to give the life-sustaining treatment or do the vital act. 25(1)If the review is by an Approved Mental Capacity Professional, the Approved Mental Capacity Professional must—, (a)review the information on which the responsible body relies, and. If it is not practicable or appropriate to consult a particular person falling within sub-paragraph. It is important to note that not all provisions in the Act are being commenced at this time. the Mental Health Review Tribunal for Wales; Until the repeal of section 324 of the Education Act 1996 made by paragraph 4(1) and (9) of Schedule 1 to the, if the cared-for person has an individual development plan or a statement of special educational needs—, the local authority responsible for maintaining that plan or statement, or. (5)“Cared-for person” has the meaning given by paragraph 2(1) of that Schedule.”. (6)“Authorisation conditions” has the meaning given by paragraph 13 of Schedule AA1.”. (1)If Conditions 1 to 4 are met, D is authorised to take steps which deprive P of liberty. (a)where the pre-authorisation review is in relation to an authorisation by an English responsible body, the Secretary of State, and. (6)Schedule 2 makes minor and consequential amendments. that it is reasonable to make the variation. The Mental Capacity Act (MCA) is designed to protect and empower people who may lack the mental capacity to make their own decisions about their care and treatment. Welcome to the June 2019 Mental Capacity Report. (2)But regard is to be had to circumstances from the past only so far as it is still appropriate to have regard to them. (12)Before making the determination mentioned in sub-paragraph (10) or (11), the Approved Mental Capacity Professional must—, (b)meet with the cared-for person, if it appears to the Approved Mental Capacity Professional to be appropriate and practicable to do so, and. Mental Capacity Act 2005 Procedure 2019 Lurleen Trumpet 11/19/2019 . (b)in relation to Wales, means a hospital as defined by section 2 of the Care Standards Act 2000 that is not an NHS hospital. apply to the responsible body at all times while arrangements are authorised or are being proposed. , the responsible body must review and record why not. For the purposes of this Schedule the area of the Common Council of the City of London is to be treated as including the Inner Temple and the Middle Temple. This is the original version (as it was originally enacted). This Schedule does not apply to arrangements if—, they are mental health arrangements (see paragraphs, they are not in accordance with mental health requirements (see paragraph, For the purposes of this Schedule arrangements in relation to a person (“P”) are “mental health arrangements” if paragraph, P is subject to the hospital treatment regime, and. Under the Mental Capacity (Amendment) Act 2019, the DoLS will be replaced by the Liberty Protection Safeguards (LPS). (1)Section 42 of the Mental Capacity Act 2005 (codes of practice) is amended as follows. (5)Regulations made by the appropriate authority under sub-paragraph (1)(b) may make provision about a connection of any kind (financial or otherwise). Mental Capacity (Amendment) Bill 2019, which passed into law in May 2019 and will replace the DoLS with a new Liberty Protection Safeguards (LPS) system. (2)In subsection (2)(a) leave out “(“P”) so that P” and insert “or support so that that person”. “individual development plan” means a plan within the meaning of section 10 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2). Before making the determination mentioned in sub-paragraph, , the Approved Mental Capacity Professional must—, Each local authority must make arrangements—, for persons to be approved as Approved Mental Capacity Professionals, and. For provision about determining whether P objects see paragraph, an application in respect of P could be made under section 2 or 3 of the Mental Health Act, and. 35The conditions in this paragraph are that—, (a)the care home manager has provided the responsible body with a statement in accordance with paragraph 36, and. where the determination is in relation to an authorisation by a Welsh responsible body, the Welsh Ministers. (2)In those paragraphs “IMCA” means an independent mental capacity advocate. As the initial bill went to the driver rather than the insurer, even when a charge was imposed it was often not passed on to the liable insurer. If the review is not by an Approved Mental Capacity Professional, the person carrying out the review must—.