This consultation relates to the code of practice for attorneys.
The purpose of this code of practice is to provide guidance on good practice for attorneys on how to assist a relevant person under the Assisted Decision-Making (Capacity) Act 2015. Good practice includes adhering to the guiding principles within the Act and working with other decision supporters and interveners.
You can read the draft code here. You may wish to open or print the code for reference as you will not be able to access it from inside the online questionnaire.
You should read this code alongside the code of practice on supporting decision-making and assessing capacity.
Anticipated amendments to the 2015 Act
The Assisted Decision-Making (Capacity) (Amendment) Bill 2021: Draft General Scheme and Heads of Bill was published by the Department of Children, Equality, Disability, Integration and Youth (DCEDIY) on 22 November 2021. The Department intends that the amending Bill will be enacted prior to commencement of the 2015 Act.
To avoid extensive revision later and in order to commence the public consultation in a timely fashion, this code has been written as if those amendments have been passed. While it is considered unlikely at this time, it is possible that there will be further changes before the amending legislation is enacted that will affect the content of this code. Any such amendments will be accounted for in the final version of the code.
When providing feedback, please bear in mind that the final code of practice must reflect the contents of the Act.
How can you provide feedback?
The easiest way to give us your feedback is by completing the online questionnaire.
Alternatively, you can download and complete our consultation feedback form.
You can then either:
scan the completed form and email it to us at email@example.com with Codes of Practice Consultation Phase 2 in the subject line, or
send the completed form by post to:
Codes of Practice Consultation Phase 2
Decision Support Service
Mental Health Commission
The deadline for submitting your feedback is 5 pm on Friday, 18 February 2022.
How will we use your feedback?
We will carefully assess all feedback we receive and take it into account when finalising the codes of practice. The final codes will be published with Ministerial approval. Under the current plan, the Decision Support Service is expected to open in mid-2022. The codes of practice will be published ahead of this.
Read the draft code here.
Complete the online questionnaire here.
Download a feedback form here.
Read more about the Assisted Decision-Making (Capacity) Act 2015 here.
Read more about the Decision Support Service here.
If you would like further information, you can email us at firstname.lastname@example.org