Mental Capacity and Deprivation of Liberty Ordinance

Including implementation of Deprivation of Liberty Safeguards

 

PUBLIC CONSULTATION NOW CLOSED

The final Mental Capacity and Deprivation of Liberty Ordinance Consultation report can be found here.

 

The Department of Health and Social Services (DHSS) plan to introduce the Mental Capacity and Deprivation of Liberty Legislation (MCO) to the Falkland Islands. The MCO will offer a clear legal framework designed to protect and support people who may lack the ability to make a particular decision for themselves, at a particular time. The MCO will allow you to plan ahead for a time when you may lack mental capacity to make your own decisions will provide guidance to support people who need to make decisions on behalf of someone else.

In some circumstances it may be necessary to place restrictions on a person who lacks capacity to consent to their care and support arrangements. This may be considered a ‘deprivation of liberty.’ The MCO will allow for deprivation of liberty to be used in instances where it is lawful and considered to be in the best interest of a person who lacks capacity to make decisions.

The proposed MCO is a complicated piece of legislation however is relevant to everybody living in the Falkland Islands. It aims to empower people to make decisions about their own lives wherever possible and protect their human rights while affording the greatest care and respect for them. Achieving these objectives will require a strong representation of views from across the Falkland Islands Government, family carers, professionals and most importantly, from people who may have experience of the MCO.

 

Enquiries

If you have any questions about the consultation, please contact:

Samantha Lowe, Principal Social Worker – Adults

Social Services Department, Stanley, Falkland Islands, FIQQ 1ZZ

Phone: 27296

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