Further fire directed at Mental Capacity (Amendment) Bill


The controversial Mental Capacity (Amendment) Bill has attracted further criticism from care organisations.

New analysis of the legislation has identified “deeply flawed assumptions” that could lead to badly implemented law.

Voluntary Organisations Disability Group (VODG) chief executive, Dr Rhidian Hughes, said: “This new analysis highlights deeply flawed assumptions underpinning Government’s mental capacity reforms. We continue to urge Government to work with the sector to get this Bill into much better shape in order to understand the human, social and financial consequences that arise from its proposed approach.”

The analysis of the Government’s impact assessment raises a range of concerns including the potential dilution of human rights and significant new responsibilities and additional financial costs for care providers.

Martin Green, Care England CEO argued the second version of the Impact Assessment, which has been drafted following criticism, was “full of loop holes and anomalies being open to chaos and confusion”.

He said the changes and extra burdens could force many providers out of business and argued the Liberty Protection Safeguards (LPS) would be operated by a bewildering range of responsible bodies, in a far more complicated system than the one being replaced.

A Department of Health and Social Care spokesperson said: “Liberty Protection Safeguards have vulnerable people at their heart, and will streamline existing care planning processes to reform a backlogged and bureaucratic system. The Impact Assessment was updated to reflect changes made to the Bill in the Lords and will be revised again when the Parliamentary journey is complete, considering stakeholder feedback.

“The accompanying Code of Practice will provide comprehensive guidance for practitioners, including care home managers, and is being co-produced with a wide range of organisations. We will also publish and resource a training strategy to ensure all involved are prepared for their role in the new system.”


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