Mental Capacity Act
The Mental Capacity Act (NI) 2016 was enacted by the Assembly in May 2016. The first Phase of the Act came into operation in two stages - research provisions commenced on 1 October 2019 and provisions in relation to deprivation of liberty and money & valuables in hospitals and residential care and nursing homes commenced on 2 December 2019. Information on the Act and its commencement is available in the relevant sections below.
The Department is aware of the UK Supreme Court Judgment released on 2 June following the Reference by the Attorney General for Northern Ireland of a devolution issue under paragraph 34 of Schedule 10 to the Northern Ireland Act 1998. This judgment overturns the court’s previous “Cheshire West” ruling which has shaped the definition of Deprivation of Liberty in Northern Ireland since 2014. As a result, a significant update of guidance and documentation is required to be undertaken by the Department in line with this. With that in mind the Department would ask all stakeholders to be mindful of that if consulting the below documentation and materials. Officials are working at pace to provide interim guidance which will be posted here, prior to a more in-depth review and update. The full details of the judgment can be found at A Reference by the Attorney General for Northern Ireland of a devolution issue under paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 - UK Supreme Court.
