Alex RKAn updated and partially corrected version of the draft MCA Code of Practice has been published, out for consultation (remember) until 7 July 2022.
As the consultation page explains, the updates and corrections are as follows:
Paragraph 3.33 now refers the reader to paragraph 14.68, which explains what information the Responsible Body must publish to ensure that the person who is going through the LPS process and their Appropriate Person understand certain matters. The text in paragraph 4.64 has been deleted as it had been inserted in error [fn]. Paragraphs 7.46 and 7.57 now refer the reader to paragraph 7.35, which explains when an application can be made to the Court of Protection regarding the LPS. In chapter 15, the first paragraph in the ‘quick summary’ section on page 317 has been deleted as it had been inserted in error. In chapter 21, the first paragraph in the ‘quick summary’ section on page 396 now explains that most of the Mental Capacity Act applies to young people aged 16 to 17 years, who may lack the relevant capacity to make a particular decision.
[fn]: the text at 4.64 was about reasonable belief in lack of capacity. Helpfully, for those who have already started their consultation responses, the updated version now has a blank there, rather than mucking up all the numbering.
Whilst it is very welcome that these corrections have been made, there are undoubtedly a significant number of typographical/cross-referencing glitches that remain: a reminder that it is much better to flag these up via the LPS email address (lps.cop@dhsc.gov.uk) than by the consultation form itself, which should concentrate on points of substance.
For my overview of the consultation/draft, see here, and for three video FAQs arising out of the consultation process, see here. A reminder that I’m happy to do another one if there are sufficient further questions – please email me at alex.ruckkeene@39essex.com
