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Social care interest groups warn government on Mental Capacity reforms

9 October 2018

NCF have been working in partnership with other organisations (see below for full list) across the Care Provider Alliance and wider to highlight concerns and challenge the new legislation.

The Bill aims to provide legal safeguards required under the European Convention on Human Rights and will replace the existing Deprivation of Liberty Safeguards (DoLS) with Liberty Protection Safeguards (LPS). The aim is to reform the process for authorising arrangements that enable people who lack capacity to be deprived of their liberty so they can consent to care (an example of a deprivation of liberty would be preventing someone from leaving a care home of their own free will). The Bill will affect the human rights of over 300,000 people in England and Wales including those with dementia, learning disabilities and brain injuries. Under the proposals, care managers would have now responsibility for arranging these human rights assessments.

Vic Rayner, Executive Director of the National Care Forum said; 
 
“There are huge concerns about the implications of the proposed legislation for both the protection of human rights of individuals and the impact on care providers. The government needs to return to the principles upheld within the Law Commission review and work with the sector to find a solution that addresses the shortfalls of the status quo whilst still protecting the rights of some of the most vulnerable people. The current proposals will do neither.”
 
The Mental Capacity (Amendment) Bill HL can be found here
 
The following organisations have worked alongside NCF on this:
 
Action on Elder Abuse
Association for Real Change
Association of Mental Health Providers
Associated Retirement Community Operators
Care England
Care Association Alliance
Learning Disability England
National Care Association
National Dignity Council
Shared Lives Plus
Registered Nursing Home Association
Relatives & Residents Association
Voluntary Organisations Disability Group


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