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The Mental Capacity Act 2005 Resource and Practice Toolkit
Archived Amendments 2018-2023
November 2023
| Updated Chapters | |
|---|---|
| Chapter Name | Details |
| When the Deprivation of Liberty Safeguards Apply | Section 1, When the Deprivation of Liberty Safeguards apply has been updated to reflect recent changes that have been made to the tri.x adult procedures manual Deprivation of Liberty Safeguards Procedure following a full legal review. |
| Reviewing, Suspending and Ending a Standard Authorisation | Section 2, When a Review must be carried out has been updated to reflect recent changes that have been made to the tri.x adult procedures manual Deprivation of Liberty Safeguards Procedure following a full legal review. |
October 2023
| Updated Chapters | |
|---|---|
| Chapter Name | Details |
| Court of Protection Forms | This chapter has been updated to include references to the new COP forms for Property and Affairs applications. |
September 2023
| Updated Chapters | |
|---|---|
| Chapter Name | Details |
| Top Tips for Supported Decision Making and Mental Capacity Assessment | The information previously presented as a PDF has been reviewed and formatted for better accessibility. |
June 2023
| Updated Chapters | |
|---|---|
| Chapter Name | Details |
| Before an Application is Made | In Section 7, If the Person is aged 16 or 17 a note has been added about the National Deprivation of Liberty Court. |
May 2023
| Updated Chapters | |
|---|---|
| Chapter Name | Details |
| Keywords Assessing Mental Capacity and Making Decisions Supporting People to Make Their Own Decisions The Mental Capacity Assessment |
These chapters have been fully reviewed and refreshed in line with the case law set out in A Local Authority v JB [2021] UKSC 52. This case resulted in the 'two-stage' test contained in the Code of Practice being reversed, so that the assessor should consider functional ability first. In the chapter, The Mental Capacity Assessment, information was also added about executive capacity challenges. |
November 2022
| Updated Chapters | |
|---|---|
| Chapter Name | Details |
| Court of Protection Forms | Section 4, Deprivation of Liberty Applications the form COPDOL10 has been replaced with information about form COPDOL11. |
October 2022
| Updated Chapters | |
|---|---|
| Chapter Name | Details |
| Various | All occurrences of Clinical Commissioning Groups/CCGs have been replaced with Integrated Care Boards/ICBs. This change has been made to reflect changes introduced by the Health and Care Act 2022. This change affected multiple chapters. |
July 2022
| Updated Chapters | |
|---|---|
| Chapter Name | Details |
| The Mental Capacity Assessment | Information about the causative nexus case law and recording requirements has been added to Section 6, Stage 2: The Functional Test of Capacity and Section 10, Making a Record of the Assessment and Determination. |
August 2019
| Updated Chapters | |
|---|---|
| Chapter Name | Details |
| Introduction, Purpose and Principles of the Act | The table in Section 3, The 5 Statutory Principles of the Act have been amended in regards to Principle 3 to avoid the risk of misinterpretation. |
July 2018
| Updated Chapters | |
|---|---|
| Chapter Name | Details |
| Before an Application is Made | A section has been added 'Consulting with the Person and Others' in regards to deprivation of liberty court applications. |
| Court of Protection Forms | The table in Section 4, Deprivation of Liberty Applications has been amended to reflect a change of form name. |
| The Application Process | Section 1, The Application Form and Section 5, The Decision of the Court have been amended to provide greater detail about court applications regarding deprivations of liberty. |
Last Updated: February 5, 2024
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