Strategy Development stages

Stage 1 – consolidation of co-production, engagement and review work to date. This covers the preparatory work undertaken over the last 2 years to inform the successor plans (including the independent evaluation).

Stage 2 – agreement of vision statements and cross-cutting principles based on stage 1 work to inform more targeted co-production and engagement.

Stage 3 – Further co-production with service users and stakeholders structured around vision statements.

Stage 4 – Drafting. Draft documents to be shared at regular intervals with key reference groups to shape content (NPB, Mental Health Clinical Advisory Group, WAMH, Cross-Government Group, the Service User and Carer Forum and Ethnic Minorities Task and Finish Group).

Stage 5 – Formal consultation.

Stage 6 – Final drafting (in response to consultation) and publication.

The independent review on T4MH and Talk to Me 2 has been issued. https://www.gov.wales/review-together-mental-health-and-talk-me-2-strategies 

Mental Health Act reform

The Mental Health Bill recently received scrutiny from the joint committee of the Lords and Commons. Following the publication of that report, Welsh Government have written to stakeholders seeking views on some of the instances that could impact Wales. This includes views on:

• A statutory mental health commissioner
• The creation of a statutory position of ‘responsible person’
• The abolition of community treatment orders

Any views should be sent to Chris.Dunne(at)gov.wales

Liberty Protection Safeguards

Over easter, the UK government has announced that the implementation of the Liberty Protection Safeguards (LPS) is being delayed beyond this Parliament. 

The LPS scheme was introduced through the Mental Capacity (Amendment) Act in 2019 as the planned replacement system for the Deprivation of Liberty Safeguards (DoLS). The LPS was intended to provide protection for people aged 16 and above who need to be deprived of their liberty in order to receive their care or treatment and who lack mental capacity to consent to their arrangements. It was designed to provide a more efficient framework for authorising deprivation of liberty that was capable of delivering meaningful protections to citizens under Article 5 of the European Convention on Human Rights (the right to liberty).

However, the 2019 act has not been commenced. The government had hoped to fully implement the LPS by April 2022. But, due mainly to the impact of the Covid-19 pandemic, its implementation was delayed.

From March to July 2022, the Department of Health and Social Care and the Welsh Government ran a public consultation on their proposed policy and implementation plans for the LPS. This included a revised draft code of practice and draft statutory instruments. The consultation document did not set a new implementation date but instead explained that a new date for implementation of the LPS would be announced when the government’s consultation response was published.

What will happen going forward?

The effect of the pause is that the DoLS will continue to provide the main legal framework for authorising deprivation of liberty under the Mental Capacity Act for the foreseeable future. The LPS was intended to apply to all settings, not just hospitals and care homes. This would include, for instance, deprivations of liberty in supported living, shared lives, and private and domestic settings. The effect of the pause means that all cases of community deprivation of liberty must continue to be taken to the Court of Protection.

What about children and young people?

The LPS was to have applied to everyone aged 16 and over, whilst the DoLS only applies to adults. This means that the deprivation of liberty of young people who lack the relevant capacity aged 16 and 17 will continue to require a court order (either from the Court of Protection or the National Deprivation of Liberty Court).  The rights under the LPS to an IMCA and to non-means tested legal aid for young people aged 16 or 17, also do not apply under the current legal framework.

Will the changes to the MCA code go ahead?

The government also consulted on a revised Mental Capacity Act code of practice in 2022. The intention was to have a single code that incorporated guidance on how the LPS should be implemented. The government has not confirmed whether it will proceed to update the existing Mental Capacity Act Code in the light of that consultation.

Mental Health Support in Higher Education

The Children, Education and Young People have very recently issued a report on the inquiry into mental health support in higher education. The issue of mental health in higher education was raised by a number of stakeholders as part of the Committee’s consultation on priorities for the Sixth Senedd. It was also an issue considered as part of the Committee’s scrutiny of the Tertiary Education and Research (Wales) Bill, and the Committee indicated their intention to revisit the issue. The Committee agreed to do an inquiry looking at the effectiveness of support for students’ mental health and wellbeing; as well as the ongoing impacts of the pandemic and changes to teaching and learning practices.