Joint Committee on Human Rights calls for changes to the Mental Capacity (Amendment) Bill

Topics covered: Ridouts professional advice

Today the Joint Committee on Human Rights has called for changes to the Mental Capacity (Amendment) Bill via a report. Within the report the Committee has identified several points that they consider to be issues with the Bill. They’ve proposed:-

  1. To include in the legislation a definition of deprivation of liberty in the context of mental capacity law;
  2. The clarify the application of the Supreme Court’s ‘acid test’ whilst being mindful of the fact that any definition must comply with Article 5.

The Committee have shared their concerns about the new proposed role of care managers. Their view is that care home managers will face conflicts of interest that will seriously hinder their ability to make objective assessments. They’ve asked that amendments are made to the Bill to enhance these safeguards.

Committee Chair, Harriet Harman MP, has said:-

“The human rights of vulnerable people who lack mental capacity must be protected with a more robust system of safeguards.

We must give cared-for people, their families and professionals greater certainty by providing a clear definition: the Bill must be changed if it is to do that.”

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