Liberty Protection Safeguards (LPS) What is an Approved Mental Capacity Professional (AMCP)?

The Approved Mental Capacity Professional (AMCP) is a new role created by the Mental Capacity (Amendment) Act 2019. They are specialists in providing ‘enhanced oversight’ (1) for those who are, or are likely to be, deprived of their liberty under the above Act. They will need to be approved by the Local Authority, Clinical Commissioning Group or NHS Responsible Body but not necessarily employed by them. There will need to be a process to approve any AMCPs not employed by the Local Authority.

The AMCPs will carry out pre-authorisation capacity reviews if the person does not agree to:

• residing in or receiving care and treatment at a place proposed

• the arrangements for providing for care and treatment if these are mainly in an independent hospital.

The AMCP will be required to meet with the person and their representative to gain their views, wishes and feelings on proposals.

The AMCP will review the information and make the decision as to whether the authorisation conditions are met, and the person’s views have been taken into account. They can take any further action if practicable and appropriate.

1. Government Factsheet – Liberty Protection Safeguards: The Approved Mental Capacity Professional Role. 11th June 2021