FALKLAND ISLANDS GOVERNMENT
PRESS STATEMENT
28 May 2025
Executive Council Approves Mental Capacity and Deprivation of Liberty Policy
Executive Council this week approved the Mental Capacity and Deprivation of Liberty Policy; and authorised the Attorney General to draft legislation that is required to implement this policy in the Falkland Islands.
The Mental Capacity and Deprivation of Liberty Ordinance will offer a clear legal framework designed to protect and support people who may lack the ability to make a particular decision for themselves, at a particular time. It will allow individuals to plan ahead for a time when they may lack mental capacity to make their own decisions and will provide guidance to support people who need to make decisions on behalf of someone else.
The Falkland Islands Government (FIG) remains committed to the timely introduction of the Mental Capacity and Deprivation of Liberty Ordinance, with its introduction and implementation on track for commencement during 2026.
Director of Health and Social Services, John Woollacott, said: “The Mental Capacity and Deprivation of Liberty Ordinance will contain important new provisions that will support and safeguard adults who lack the mental capacity to make decisions. The legislation will significantly update the law in the Falkland Islands in these areas and will provide for both new mechanisms by which decisions may be made or agreed in advance and important safeguards to ensure these are not misused”.
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