branch graphic

Mental Capacity Act


The Mental Capacity (Amendment) Bill - Legislation to replace the Deprivation of Liberty Safeguards (DoLS) received Royal Assent on 16 May 2019, heralding a new system for authorising deprivations of liberty in care. The Mental Capacity (Amendment) Bill, which became the Mental Capacity (Amendment) Act 2019, was approved by the Queen after completing its journey through Parliament at the end of April. The legislation will introduce a new model for authorising deprivations of liberty in care, dubbed the Liberty Protection Safeguards (LPS).



The government has still to confirm an implementation date for the LPS, with Spring 2020 previously mentioned as the likely time frame, however, been confirmed that the DoLS will run alongside the LPS for a year after implementation to ease the transition of existing cases.

The government will also draft a series of regulations and a code of practice – which will be subject to consultation – setting out the detail of how the LPS will work. Further details: DoLS replacement bill becomes law

Mental Capacity Act - Making Decisions - Government document

Statutory and Non-Statutory Advocacy is delivered by Absolute Advocacy Rotherham, referral process and pathway can be found here:

Absolute Advocacy Referral Pathway

Absolute Advocacy Referral Form