Mental Capacity (Amendment) Act 2019

amend the Mental Capacity Act 2005 in relation to procedures in accordance with which a person may be deprived of liberty where the person lacks capacity to consent, and for connected purposes

Government Bill
(Department of Health and Social Care)

Official Bill Page Initial Explanatory Notes Initial Briefing papers Initial Library Notes

This bill has received Royal Assent and has become an Act of Parliament

Primary Bill Debate Contributors by Party

To view all bill debate contributors Click Here
Conservative Caroline Dinenage (View contribution) 6261 words
Democratic Unionist Party Jim Shannon (View contribution) 775 words
Labour (Co-op) Anneliese Dodds (View contribution) 719 words
Liberal Democrat Norman Lamb 2247 words

Bill Progession through Parliament

Lords Completed
Commons Completed
Royal Assent

Most recent key documents

Timeline of Bill Documents and Stages

Date Type Title
16/05/2019 Royal Assent (Hansard)
16/05/2019 Royal Assent (Minutes of Proceedings)
16/05/2019Act of Parliament Mental Capacity (Amendment) Act 2019 (c. 18)
24/04/2019 Ping Pong (Hansard): House of Lords
24/04/2019 Ping Pong (Minutes of Proceedings): House of Lords
23/04/2019Amendment papers HL Bill 171-I Marshalled list for consideration of Commons amendments (PDF)
08/04/2019Amendment papers HL Bill 171(a) Motions for consideration of Commons amendments (PDF)
03/04/2019Bills HL Bill 171 Commons amendment in lieu of a Lords amendment, and Commons amendments to a Commons amendment in lieu of a Lords amendment to a Commons amendment (PDF)
03/04/2019Public Bill Committee and report stage proceedings: Commons Proceedings on Consideration of Lords Messages as at 2 April 2019
02/04/2019 Ping Pong: House of Commons
02/04/2019Amendment papers Commons Consideration of Lords Messages as at 2 April 2019
02/04/2019Selection of amendments: Commons Consideration of Lords Amendments (PDF)
01/04/2019Amendment papers Notices of CCLM Amendments as at 29 March 2019
27/02/2019Bills Bill 345 2017-19, Lords Amendments to the Bill
25/02/2019Amendment papers HL Bill 161-I Marshalled list for consideration of Commons amendments (PDF)
18/02/2019Amendment papers HL Bill 161(a) Motion for consideration of Commons amendments (PDF)
13/02/2019Bills HL Bill 161 Commons amendments
13/02/2019Explanatory Notes HL Bill 161 Explanatory Notes
13/02/2019Public Bill Committee and report stage proceedings: Commons Report Stage Proceedings as at 12 February 2019
12/02/2019 3rd reading: House of Commons
12/02/2019 Report stage: House of Commons
12/02/2019Amendment papers Consideration of Bill Amendments as at 12 February 2019
12/02/2019Selection of amendments: Commons Consideration on Report (PDF)
11/02/2019Amendment papers Notices of Amendments as at 8 February 2019
11/02/2019Impact Assessments Updated Impact Assessment (PDF)
11/02/2019Selection of amendments: Commons Provisional Selection of Amendments for Report Stage (PDF)
08/02/2019Amendment papers Notices of Amendments as at 7 February 2019
07/02/2019Amendment papers Notices of Amendments as at 6 February 2019
06/02/2019Amendment papers Notices of Amendments as at 5 February 2019
23/01/2019Written evidence Written evidence: Leicestershire County Council DOLS Service (MCAB63)
23/01/2019Written evidence Written evidence: Royal College of Nursing (MCAB64) (PDF)
23/01/2019Written evidence Written evidence: Nigel Hodder, Best Interests Assessor for DOLS (MCAB65)
23/01/2019Written evidence Written evidence: Liz Gale, Mental Capacity Act Lead, Bi-Borough Adults Social Care and Public Health, Royal Borough of Kensington and Chelsea and Westminster City Council (MCAB66)
23/01/2019Written evidence Written evidence: Devon County Council (MCAB67)
23/01/2019Written evidence Written evidence: Doughty Street Chambers Court of Protection Team (MCAB68)
23/01/2019Written evidence Written evidence: Dr Amanda Thompsell (Chair, Faculty of Old Age Psychiatry, Royal College of Psychiatrists), Dr Hugh Series (Consultant old age psychiatrist), and Dr Sharmi Bhattacharyya (MCAB69) (PDF)
23/01/2019Written evidence Written evidence: Adrian Watts (MCAB70)
23/01/2019Written evidence Written evidence: Dr R. L. Symonds (MCAB71)
23/01/2019Written evidence Written evidence: Liz Spires, social worker (MCAB72)
23/01/2019Written evidence Written evidence: Penny Calthrop (MCAB73)
23/01/2019Written evidence Written evidence: Tom Grace (MCAB74)
23/01/2019Written evidence Written evidence: Challenging Behaviour Foundation (MCAB75) (PDF)
23/01/2019Written evidence Written evidence: Wendy and Graham Enderby (MCAB76)
23/01/2019Written evidence Written evidence: Association of Directors of Adults Social Services (ADASS) (MCAB77)
23/01/2019Written evidence Written evidence: Catherine Brewin (MCAB78)
23/01/2019Public Bill Committee and report stage proceedings: Commons Public Bill Committee Proceedings as at 22 January 2019
23/01/2019Public Bill Committee and report stage proceedings: Commons All proceedings up to 22 January 2019 at Public Bill Committee Stage
23/01/2019Tracked changes versions of Bills: Commons Version of the bill showing changes made in Committee (PDF)
22/01/2019 Committee Debate: 5th sitting: House of Commons
22/01/2019 Committee Debate: 6th sitting: House of Commons
22/01/2019 Committee Debates: compilation pdf of sittings so far: House of Commons
22/01/2019Bills Bill 323 2017-19, as amended
22/01/2019Amendment papers Public Bill Committee Amendments as at 22 January 2019
21/01/2019Selection of amendments: Commons Consideration in Committee: Selection 3 (PDF)
18/01/2019Written evidence Written Evidence: British Medical Association (MCAB40) (PDF)
18/01/2019Written evidence Written Evidence: Dan Baker, Mental Capacity Act and Deprivation of Liberty Safeguards Lead Officer, Central Bedfordshire Council (MCAB41)
18/01/2019Written evidence Written Evidence: Jess Flanagan, Senior Associate solicitor, Health and Welfare Court of Protection, Clarke Willmott LLP (MCAB42) (PDF)
18/01/2019Written evidence Written Evidence: Hywel Dda University Health Board (MCAB43)
18/01/2019Written evidence Written Evidence: Royal College of Psychiatrists (RCPsych) (MCAB44) (PDF)
18/01/2019Written evidence Written Evidence: David Thornicroft, Managing Director, St Thomas Training (MCAB45)
18/01/2019Written evidence Written Evidence: Inclusion London and People First Self-Advocacy (MCAB46)
18/01/2019Written evidence Written Evidence: Professor Rosie Harding, Chair in Law and Society, Birmingham Law School, University of Birmingham (MCAB47)
18/01/2019Written evidence Written Evidence: Lincolnshire County Council (MCAB48)
18/01/2019Written evidence Written Evidence: North East Lincolnshire MCA Group (formerly the Strategic Network) (MCAB49)
18/01/2019Written evidence Written Evidence: Marc Robertson (MCAB50)
18/01/2019Written evidence Written Evidence: Court of Protection Practitioners Association (MCAB51) (PDF)
18/01/2019Written evidence Written Evidence: Irwin Mitchell (MCAB52) (PDF)
18/01/2019Written evidence Written Evidence: Ray Colyer, Deprivation of Liberty Safeguards Manager, Islington Council (MCAB53) (PDF)
18/01/2019Written evidence Written Evidence: Best Interest Assessors, Sheffield City Council (MCAB54)
18/01/2019Written evidence Written Evidence: Dimensions (MCAB55)
18/01/2019Written evidence Written Evidence: Christiane Plaum, MCA DoLS Team Manager, Deprivation of Liberty Safeguards Team, West Sussex County Council (MCAB56)
18/01/2019Written evidence Written Evidence: Tracey Cave, Social Worker/AMHP/BIA, BIA Team, Middlesbrough Council (MCAB57)
18/01/2019Written evidence Written Evidence: MIND (MCAB58) (PDF)
18/01/2019Written evidence Written Evidence: Independent Age (MCAB59) (PDF)
18/01/2019Written evidence Written Evidence: Law Society (MCAB60) (PDF)
18/01/2019Written evidence Written Evidence: The Relatives and Residents Association (MCAB61) (PDF)
18/01/2019Written evidence Written Evidence: Eleanor Tallon and Annette Wilby, staff members in the MCA and DoLS team at Calderdale Council (MCAB62)
18/01/2019Amendment papers Notices of Amendments as at 17 January 2019
18/01/2019Public Bill Committee and report stage proceedings: Commons Public Bill Committee Proceedings as at 17 January 2019
17/01/2019 Committee Debate: 3rd sitting: House of Commons
17/01/2019 Committee Debate: 4th sitting: House of Commons
17/01/2019Amendment papers Public Bill Committee Amendments as at 17 January 2019
16/01/2019Written evidence Written Evidence: Graham Hennis, a qualified Social Worker and a Best Interests Assessor (MCAB34)
16/01/2019Written evidence Written Evidence: Andrew Lee, Director, People First (MCAB01)
16/01/2019Written evidence Written Evidence: National DoLS Leads Group (MCAB02) (PDF)
16/01/2019Written evidence Written Evidence: Eloise Jones, Best Interest Assessor/ Senior Social Worker MCA/ DoLS (MCAB03)
16/01/2019Written evidence Written Evidence: Roger Hargreaves (MCAB04)
16/01/2019Written evidence Written Evidence: Dr O Sorinmade, MRC Psych., MSc., LLM, Consultant Older Adult Psychiatrist (MCAB05)
16/01/2019Written evidence Written Evidence: Royal College of Speech and Language Therapists (MCAB06) (PDF)
16/01/2019Written evidence Written Evidence: Andrew MacTaggart, Best interests assessor (MCAB07)
16/01/2019Written evidence Written Evidence: Mike Stone (MCAB08)
16/01/2019Written evidence Written Evidence: Steven Richards (MCAB09)
16/01/2019Written evidence Written Evidence: Dr Samantha Hamer (MCAB10)
16/01/2019Written evidence Written Evidence: Carol Wilkinson (MCAB11)
16/01/2019Written evidence Written Evidence: Kay Matthews (MCAB12)
16/01/2019Written evidence Written Evidence: Sarah Paxton (MCAB13)
16/01/2019Written evidence Written Evidence: Dr Anil Christopher Chopdar (MCAB14)
16/01/2019Written evidence Written Evidence: David Parker (MCAB15)
16/01/2019Written evidence Written Evidence: Andy Nash (MCAB16)
16/01/2019Written evidence Written Evidence: Colin Newland (MCAB17) (PDF)
16/01/2019Written evidence Written Evidence: Rethink Mental Illness (MCAB18) (PDF)
16/01/2019Written evidence Written Evidence: Derek Boothby (MCAB19)
16/01/2019Written evidence Written Evidence: Sue Adams, DoLS Practice Manager/AMHP/BIA (MCAB20) (PDF)
16/01/2019Written evidence Written Evidence: Citizens Advice Sheffield (MCAB21) (PDF)
16/01/2019Written evidence Written Evidence: Dr Camilla Parker, Just Equality (MCAB22)
16/01/2019Written evidence Written Evidence: Royal Mencap Society (MCAB23) (PDF)
16/01/2019Written evidence Written Evidence: Association for Real Change (ARC), Care England, the National Care Association (NCA), the National Care Forum (NCF), the Registered Nursing Home Association (RNHA), and the Voluntary Organisations Disability Group (VODG) (MCAB24)
16/01/2019Written evidence Written Evidence: Vincent Duffy (MCAB25) (PDF)
16/01/2019Written evidence Written Evidence: Nick Woodhead (MCAB26)
16/01/2019Written evidence Written Evidence: Albert House Nursing Home (MCAB27)
16/01/2019Written evidence Written Evidence: Dr Haider Malik, Consultant Psychiatrist (MCAB28)
16/01/2019Written evidence Written Evidence: Bill O'Grady, Social Worker (MCAB29)
16/01/2019Written evidence Written Evidence: Stephen Ward, Lead for MHA and MCA Isle of Wight Council and Isle of Wight NHS Trust (MCAB30)
16/01/2019Written evidence Written Evidence: Tracey Hennis, qualified Social Worker and Best Interest Assessor (MCAB31)
16/01/2019Written evidence Written Evidence: Dr Lucy Series, a Wellcome Research Fellow and Lecturer in Law at the School of Law and Politics, at Cardiff University (MCAB32) (PDF)
16/01/2019Written evidence Written Evidence: Sara-Jayne Williams, Mental Capacity Act Coordinator for Bedford Borough Council (MCAB33)
16/01/2019Written evidence Written Evidence: Graham Hennis, a qualified Social Worker and a Best Interests Assessor (MCAB34)
16/01/2019Written evidence Written Evidence: Roger Laidlaw, Social Worker and Deprivation of Liberty Safeguards Coordinator (MCAB35) (PDF)
16/01/2019Written evidence Written Evidence: Sian Phillips (MCAB36)
16/01/2019Written evidence Written Evidence: Lucy Bright (MCAB37) (PDF)
16/01/2019Written evidence Written Evidence: Kings College Hospital NHS Foundation Trust, Adult Safeguarding Service (MCAB38)
16/01/2019Written evidence Written Evidence: Learning Disability England (MCAB39)
16/01/2019Amendment papers Notices of Amendments as at 15 January 2019
16/01/2019Public Bill Committee and report stage proceedings: Commons Public Bill Committee Proceedings as at 15 January 2019
16/01/2019Selection of amendments: Commons Consideration in Committee: Selection 2 (PDF)
15/01/2019 Committee Debate: 1st sitting: House of Commons
15/01/2019 Committee Debate: 2nd sitting: House of Commons
15/01/2019Amendment papers Public Bill Committee Amendments as at 15 January 2019
14/01/2019Amendment papers Notices of Amendments as at 11 January 2019
14/01/2019Selection of amendments: Commons Consideration in Committee: Selection 1 (PDF)
11/01/2019Amendment papers Notices of Amendments as at 10 January 2019
10/01/2019Amendment papers Notices of Amendments as at 9 January 2019
08/01/2019Amendment papers Notices of Amendments as at 7 January 2019
19/12/2018Press notices Have your say on the Mental Capacity (Amendment) Bill
18/12/2018 2nd reading: House of Commons
18/12/2018 Money resolution: House of Commons
18/12/2018 Programme motion: House of Commons
18/12/2018 Ways and Means resolution: House of Commons
17/12/2018Briefing papers Briefing Paper on Second Reading
12/12/2018Bills Bill 303 2017-19 (as brought from the Lords)
12/12/2018Explanatory Notes Bill 303 EN 2017-19
11/12/2018 1st reading: House of Commons
11/12/2018 3rd reading (Hansard): House of Lords
11/12/2018 3rd reading (Minutes of Proceedings): House of Lords
05/12/2018Amendment papers HL Bill 147(a) Amendment for Third Reading (PDF)
27/11/2018 Report: 2nd sitting (Hansard): House of Lords
27/11/2018 Report: 2nd sitting (Minutes of Proceedings): House of Lords
27/11/2018Bills HL Bill 147 (as amended on Report)
23/11/2018Amendment papers HL Bill 117-R-II Second marshalled list for Report (PDF)
22/11/2018Amendment papers HL Bill 117-R-I(Rev)(a) Amendments for Report, supplementary to the revised marshalled list (PDF)
21/11/2018 Report: 1st sitting: House of Lords
21/11/2018 Report stage (Minutes of Proceedings): House of Lords
20/11/2018Amendment papers HL Bill 117-R-I(Rev) Revised marshalled list for Report (PDF)
19/11/2018Amendment papers HL Bill 117-R-I Marshalled list for Report (PDF)
16/11/2018Amendment papers HL Bill 117-R(i) Amendments for Report (PDF)
15/11/2018Amendment papers HL Bill 117-R(h) Amendments for Report (PDF)
14/11/2018Amendment papers HL Bill 117-R(g) Amendments for Report (PDF)
13/11/2018Amendment papers HL Bill 117-R(f) Amendments for Report (PDF)
12/11/2018Amendment papers HL Bill 117-R(e) Amendments for Report (PDF)
09/11/2018Amendment papers HL Bill 117-R(d) Amendments for Report (PDF)
07/11/2018Amendment papers HL Bill 117-R(c) Amendments for Report (PDF)
06/11/2018Amendment papers HL Bill 117-R(b) Amendments for Report (PDF)
25/10/2018Amendment papers HL Bill 117-R(a) Amendments for Report (PDF)
22/10/2018 Committee: 3rd sitting - (Hansard): House of Lords
22/10/2018 Committee: 3rd sitting (Minutes of Proceedings): House of Lords
19/10/2018Amendment papers HL Bill 117-III(a) Amendments for Committee, supplementary to the third marshalled list (PDF)
18/10/2018Amendment papers HL Bill 117-III Third marshalled list for Committee (PDF)
17/10/2018Amendment papers HL Bill 117-II(b) Amendments for Committee, supplementary to the second marshalled list (PDF)
15/10/2018 Committee: 2nd sitting (Hansard): House of Lords
15/10/2018 Committee: 2nd sitting (Hansard - continued): House of Lords
15/10/2018 Committee: 2nd sitting (Minutes of Proceeding): House of Lords
12/10/2018Amendment papers HL Bill 117-II(a) Amendments for Committee, supplementary to the second marshalled list (PDF)
11/10/2018Amendment papers HL Bill 117-II Second marshalled list for Committee (PDF)
10/10/2018Amendment papers HL Bill 117-I(h) Amendments for Committee, supplementary to the marshalled list (PDF)
08/10/2018Amendment papers HL Bill 117-I(g) Amendments for Committee, supplementary to the marshalled list (PDF)
21/09/2018Amendment papers HL Bill 117-I(f) Amendments for Committee, supplementary to the marshalled list (PDF)
20/09/2018Amendment papers HL Bill 117-I(e) Amendments for Committee, supplementary to the marshalled list (PDF)
17/09/2018Amendment papers HL Bill 117-I(d) Amendments for Committee, supplementary to the marshalled list (PDF)
13/09/2018Amendment papers HL Bill 117-I(c) Amendments for Committee, supplementary to the marshalled list (PDF)
05/09/2018 Committee: 1st sitting (Hansard): House of Lords
05/09/2018 Committee: 1st sitting (Hansard - continued): House of Lords
05/09/2018 Committee: 1st sitting (Minutes of Proceedings): House of Lords
05/09/2018Amendment papers HL Bill 117-I(b) Amendment for Committee, supplementary to the marshalled list (PDF)
04/09/2018Amendment papers HL Bill 117-I(a) Amendments for Committee, supplementary to the marshalled list (PDF)
03/09/2018Amendment papers HL Bill 117-I Marshalled list for Committee (PDF)
31/08/2018Amendment papers HL Bill 117(o) Amendments for Committee (PDF)
30/08/2018Amendment papers HL Bill 117(n) Amendments for Committee (PDF)
29/08/2018Amendment papers HL Bill 117(m) Amendments for Committee (PDF)
28/08/2018Amendment papers HL Bill 117(l) Amendment for Committee (PDF)
24/08/2018Amendment papers HL Bill 117(k) Amendments for Committee (PDF)
23/08/2018Amendment papers HL Bill 117(j) Amendments for Committee (PDF)
21/08/2018Amendment papers HL Bill 117(i) Amendments for Committee (PDF)
20/08/2018Amendment papers HL Bill 117(h) Amendments for Committee (PDF)
17/08/2018Amendment papers HL Bill 117(g) Amendments for Committee (PDF)
16/08/2018Amendment papers HL Bill 117(f) Amendments for Committee (PDF)
15/08/2018Amendment papers HL Bill 117(e) Amendments for Committee (PDF)
24/07/2018Amendment papers HL Bill 117(d) Amendment for Committee (PDF, 49KB)
24/07/2018Will write letters Annex D: Mental Capacity Act 2005 - Keeling Schedule showing changes which will be effected by the Mental Capacity (Amendment) Bill (as referenced in letter dated 24/07/18) (PDF, 1MB)
24/07/2018Will write letters Annex B: Illustrative person journeys under DoLS [Deprivation of Liberty Safeguards] v Liberty Protection Safeguards (as referenced in letter dated 24/07/18) (PDF, 482KB)
24/07/2018Will write letters Annex A: Law Commission recommendations and Government Responses (as referenced in letter dated 24/07/18) (PDF, 204KB)
24/07/2018Will write letters Letter dated 24/07/2018 from Lord O'Shaughnessy to Lords regarding points raised during the second reading of the Mental Capacity (Amendment) bill (PDF, 240KB)
24/07/2018Will write letters Annex C: Flow diagram representing a summary of the process in the new bill (as referenced in letter dated 24/07/18) (PDF, 280KB)
19/07/2018Amendment papers HL Bill 117(c) Amendments for Committee (PDF, 71KB)
18/07/2018Amendment papers HL Bill 117(b) Amendment for Committee (PDF, 51KB)
17/07/2018Amendment papers HL Bill 117(a) Amendments for Committee (PDF, 48KB)
16/07/2018 2nd reading (Hansard): House of Lords
16/07/2018 2nd reading (Hansard - continued): House of Lords
16/07/2018 2nd reading (Minutes of Proceedings): House of Lords
11/07/2018Library Notes Mental Capacity (Amendment) Bill: Briefing for Lords Stages
09/07/2018Impact Assessments Impact Assessment: Mental Capacity (Amendment) Bill (PDF, 476KB)
04/07/2018Explanatory Notes HL Bill 117 Explanatory Notes
04/07/2018Delegated Powers Memoranda Mental Capacity (Amendment) Bill [HL]: Delegated Powers Memorandum (PDF, 184KB)
03/07/2018 1st reading (Hansard): House of Lords
03/07/2018 1st reading (Minutes of Proceedings): House of Lords
03/07/2018Bills HL Bill 117 (as introduced)