A draft Code of Practice designed to support those assisting people who may lack the capacity to make decisions for themselves has been published ahead of being laid before the July sitting of Tynwald.

The guidance has been developed by the Department of Health and Social Care (DHSC) to support the implementation of the Capacity Act 2023, which received Royal Assent on April 25, 2023. The legislation is due to come into force in stages from April 2027.

The Capacity Act establishes a legal framework for supporting and protecting people who may lack the capacity to make certain decisions at a particular time.

Under the legislation, decisions made on behalf of an individual must be lawful, proportionate, in the person's best interests and represent the least restrictive option available.

The Act also places the individual's rights, wishes and feelings at the centre of the decision-making process.

The accompanying Code of Practice sets out how the legislation should be interpreted and applied in practice. It provides guidance for professionals, public bodies, family members, friends, informal carers and others.

Minister for Health and Social Care, Claire Christian MHK said: ‘The Capacity Act 2023 is about empowering and protecting some of the most vulnerable members of our community.

‘The Code of Practice is essential to ensuring that the principles of the Act are understood and applied consistently in everyday situations.’

Although expected to be particularly relevant to those working in health, social care and public services, the guidance is intended to apply more widely and can be used in any situation where the powers, protections or duties contained within the Capacity Act are engaged.

A public consultation on the draft Code of Practice is due to take place this summer, giving interested parties the opportunity to review the guidance and help inform the final version before the relevant provisions of the Act come into effect.