Mental Capacity and Deprivation of Liberty Ordinance
Including implementation of Deprivation of Liberty Safeguards
PUBLIC CONSULTATION NOW OPEN
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.
We have committed to a public consultation that will run from 10 February 2025 until 10 March 2025. We expect a variety of responses which will be considered methodically to ensure the MCO is suitable for the needs of the Falkland Islands population.
We encourage anyone who has an interest in mental capacity, is affected by, or know someone who will be affected by the legislation to respond to this consultation. This includes professionals whose role involves working with people who may be affected by the proposed legislation.
For further information please read Guide to the Mental Capacity and Deprivation of Liberty Ordinance.
The English version can be found here.
The English print ready booklet can be found here.
The Easy Read version can be found here.
The Easy Read print ready booklet can be found here.
This information can be provided in alternative languages upon request by telephoning 27296 or by email via:
If you require further information, the full draft policy can be found here.
How to respond
There are three ways to respond to this consultation:
- The quickest and easiest way, and to help us save paper, is to complete the online survey, available here: MCO Online Survey
- You can download and fill in an editable pdf of the survey, available MCO Consultation - Survey and email it back to us at
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- If you prefer, you can complete a paper version available from the Post Office and the Social Services Department, or you can ask for one to be posted to you by contacting us at: 27296 or at:
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Completed paper surveys can be placed in the dedicated response box in the Post Office or can be posted to us at the contact address below.
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
Email: