Changes to the Mental Capacity Act (MCA) code of practice and the planning of Liberty Protection Safeguards (LPS)

Lead: Department of Health and Social Care

Period: 17th Mar 2022 - 14th Jul 2022

The government are updating the Mental Capacity Act - Code of Practice and thinking about a new system of safeguards (ways of keeping people from being harmed) – called the Liberty Protection Safeguards.

Brief description of project

The Mental Capacity Act 2005 is a law in England and Wales that helps people make their own decisions and says what happens when people don’t have ‘capacity’ (the ability to make their own decisions). Liberty Protection Safeguards are rules to protect people who don’t have capacity.

The MCA code of practice is being changed and the government are also thinking about bringing in new Liberty Protection Safeguards. This consultation asks people to share their views about the changes.

Who will we speak to?

The government want to speak with people affected by the changes, including people with learning disabilities, carers, and staff.

What and how will we ask?

The government is asking people for their views on the changes. People can respond to the consultation online here:

How can you help?

You can help us by sharing this consultation with friends, family or colleagues that might be affected by the changes.

What will we do?

We will ask the government to share the findings from this consultation and outline how they plan to respond to people’s feedback. We will update this page to show what has happened as a result of your involvement

If you have any questions about this project, please contact Adam Stewart at or call 0113 221 7777