Have your say on changes to the Mental Health Capacity Act

The Welsh Government is consulting on changes to the Mental Health Capacity Act and how they will be applied. The consultation is due to close on Thursday 7 July, with a date for implementation to be set following consultation.

The Act has been amended and will include changes to the way care or treatment is authorised for people who lack the capacity to consent, including those over 16 and patients in health or community settings, including hospitals, care homes, or their own homes.

It will specifically impact people who meet all of the following criteria, as well as the people caring for them:

16+; expecting or receiving care or treatment; who lack capacity to consent to that care or treatment and where that care or treatment does or could amount to a derivation of liberty.

The new system will be called Liberty Protection Safeguards and the UK and Welsh Government are consulting on how it will be applied.

Jason O’Brien, Torfaen Council’s Acting Chief Officer Social Care and Housing, said:

“This is an important piece of legislation which seeks to empower and protect some of the most vulnerable people in our communities. It seeks to put their human rights at the heart of decisions, so it is paramount that anyone who could be affected by this change, or their families, take part in the consultation.”

The consultation has also been backed by Glyn Jones, Aneurin Bevan University Health Board Interim Chief Executive.



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