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

This briefing outlines our views ahead of the second reading of the Mental Capacity (Amendment) Bill in the House of Commons on 18 December 2018.

This Bill seeks to amend the Mental Capacity Act 2005 (MCA) in relation to procedures under which a person may be deprived of their liberty when they lack capacity to object to that deprivation.

Our position

We're 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.

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