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.
The consultation ends in one week on 7th March 2019.