The Mental Capacity (Amendment) Bill is currently going through Parliament and following increasing concerns about this legislation the Ministry of Justice has opened a consultation that runs until the 7th March 2019.

The bill is an attempt in part, to replace the Deprivation of Liberty Safeguard (DoLS) with the Liberty Protection Safeguard (LPS).

Increasingly, concerns are being expressed about how the LPS will work including:

Care Home managers being able to instigate an LPS

Hospital Administrators being able to instigate an LPS, which potentially if someone is in Hospital, fit for discharge but no Social Care available, the can be forced into a Care Home, to free up a bed against stier wishes.

The apparent lack of advocacy and representation.

The use of the term “Appropriate Person”

Replacing the term “Mental Disorder” with “Unsound Mind”

Increasingly, the bill is seen as a way of removing the rights of people with Dementia and other Disabilities which is why it is so important for DPOs, NGOs, other organisations, professionals and people affected by Dementia and other Disabilities, to take part in this consultation.

Link to UK Ministry of Justice Consultation


Resources

The Mental Capacity Amendment Bill

Mental capacity law reform: threatens human rights

The current version of the Mental Capacity (Amendment) Bill will strip essential legal protections from the most vulnerable – Mind

Government amendment removes users’ rights to information before deprivation of liberty authorisation in DoLS replacement bill

Mental capacity changes give care homes too much power, critics say

Vulnerable dementia patients could be locked up for three years without review under ‘rushed’ government reform

Government deprivation of liberty ‘definition’ added to DoLS replacement bill but criticised as contrary to case law

DPOs call for support in battle to make ministers think again over attack on rights