This update is intended to provide general information about relevant legislation going through Parliament. It cannot and does not provide a definitive guide to the legislation, nor does it give any advice in relation to individual cases. Where legal issues arise specialist legal advice should be taken in relation to the particular case.
The House of Lords is currently considering a new Bill, The Mental Capacity Amendment Bill 2018, which will replace the ‘deprivation of liberty safeguards’ under the Mental Capacity Act 2005 with new ‘liberty protection safeguards’. The Bill is based on detailed proposals from the Law Commission’s project on mental capacity and deprivation and liberty. However the measures in the Bill as introduced fall some way short of the scheme proposed by the Law Commission.