On 16 May 2019, the Mental Capacity (Amendment) Act 2019 received Royal Assent.
This new act changes the Deprivation of Liberty scheme to the Protection Liberty Safeguards scheme.
The new Act was due to come into force some time in 2020. The delays were because of the the need to write the regulations and accompanying code of practice. A further delay has been caused by the Covid-19 pandemic and implentation is now anticipated in April 2022.
Liberty Protection Safeguards will apply from the age of 16 years and also are no longer confined to residential placements but could be used in relation to placement in day centres and transport arrangements. It will be mandatory to ascertain the wishes and feelings of the person.
Tim Spencer-Lane, a lawyer who has worked on the Act has written a document based on a full undertstanding of the intent behind the legislation. The summary can be found here.