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Patients: Mental Capacity

Question for Department of Health and Social Care

UIN 140391, tabled on 6 February 2023

To ask the Secretary of State for Health and Social Care, what steps he has taken to ensure that NHS Trusts are complying with the Mental Capacity Act 2005 when discharging people from hospital.

Answered on

10 February 2023

Updated statutory guidance on discharge is due to be published shortly. The guidance includes information on the application of the Mental Capacity Act 2005.

In the meantime, NHS trusts should continue to follow the existing hospital discharge and community support guidance and the Mental Capacity Act 2005 Code of Practice where relevant.