FALKLAND ISLANDS GOVERNMENT
PUBLIC STATEMENT
20 March 2025
Mental Capacity and Deprivation of Liberty Ordinance Consultation Report available
A public consultation was recently held by the Falkland Islands Government Department of Health and Social Services regarding the introduction of a Mental Capacity and Deprivation of Liberty Ordinance (MCO) to the Falkland Islands.
The public consultation was held between 10 February and 10 March and invited responses from across the Falkland Islands, including professionals, family carers and those who would be directly affected by the proposed MCO.
Key findings from the public consultation were as follows:
100% of respondents were satisfied or very satisfied with The Five Statutory Principles underpinning the proposed MCO.
95% of respondents were satisfied or very satisfied with how the MCO proposes to define when a person is considered to lack capacity to make a decision.
90% of respondents were satisfied or very satisfied with the approach for making a best interest decision on behalf of a person who lacks capacity.
100% of respondents were satisfied or very satisfied with the proposed approaches for how a person can plan for decision-making, should they lose capacity in the future.
94% of respondents were satisfied or very satisfied with the proposed legal mechanisms under the MCO.
83% of respondents were satisfied with how deprivation of liberty, and deprivation of liberty safeguards, are proposed to be dealt with under the MCO.
The full report can be found here or via the Falkland Islands Government Social Services website. For further information regarding the proposed MCO please contact Sam Lowe, Principal Social Worker – Adults on 27296 or slowe.social@kemh.gov.fk
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