Well reader, you may have heard of the The Mental Capacity Amendment Bill currently going through Parliament, have you been consulted about the changes.
Part of the bill is that they want to introduce a form of Deprivation of Liberty Safeguard (DOLS) which can be authorised by your Hospital Administrator to
although not implicit in legislation, it ignores recommendations from the Law Society.
Recent opinion is that one of the ways that the Liberty Protection Safeguards (LPS) could be used is when a person living with Dementia is an inpatient in Hospital, fit for discharge but there is no Social Care available.
In order to free up a bed, the Hospital Administrator could authorise an LPS against the person and force them into a care home until Social Care is available, to the detriment of the person, their Dementia, their rights and their family and could also be seen as a conflict of interest.
The new LPS also expands the sphere of influence of DOLS into care provided in a persons own home.
So where does that fit in with the United Nations Convention on the Rights of Persons with Disabilities, or does it. It seems to open to interpretation.
During the first stage through Parliament significant parts of the Law Commission report were excluded from legislation and some areas around advocacy were excluded from discussion altogether.
Will these areas be excluded from the second reading, I do not know, but it is incumbent on the opposition parties to raise these issues and I will be looking to see if they raise the concerns contained in this and other linked articles.
The bill reaches the committee stage tomorrow, September 5th and then goes on to a further reading in Parliament before becoming law.
As I have said reader, although not implicit in the legislation, there could be a conflict of interest by the person authorising the Liberty Protection Safeguard, as it continues through Parliament it will interesting to see how it will conform to International Law c/o the United Nations Convention on the Rights of Persons with Disabilities.
Whilst I am no expert in these matters reader, reading about this bill as a layman does raise concerns.
There is further comment in this and other areas of the bill in this blog
Further articles that raise concerns and question the validity of the changes