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Parliamentary briefing: Mental Capacity (Amendment) Bill - House of Commons second reading

18 December 2018

The Law Society is concerned by provisions in the Mental Capacity (Amendment) Bill.

While attempting to simplify the current arrangements under the Deprivation of Liberty Safeguards (DoLS), the Bill removes vital existing safeguards for cared-for people.

The Bill should be amended to avoid the unlawful treatment of the vulnerable individuals who receive care and treatment under conditions of detention. Many changes have been made but there is still some way to go.

There is a real risk that many of the flaws in the existing system will be duplicated and that the new system will replace one deficient system with another than removes existing safeguards for people.

This briefing sets out our key positions on the Bill.

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