Written Question·Ministry of Justice·UIN 59922

Mental Capacity

Tabled: 13 June 2025
Answered: 18 June 2025
Named Day

Question

Chris Coghlan

Liberal DemocratDorking and Horley

To ask the Secretary of State for Justice, whether she has considered the merits of expanding the functions of the Public Guardian to include responsibility for appropriate discharge of mental capacity assessments.

Answer

Sarah Sackman
The Ministry of Justice has responsibility for the Mental Capacity Act (MCA) 2005, which provides a framework for making decisions on behalf of adults who are unable to do so for themselves. The statutory Code of Practice issued under the Act provides gui...

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