Care England express deep concern about the Mental Capacity (Amendment) Bill and say it’s not fit for purpose

Care England, the largest representative body for independent providers of adult social care and sponsors of the Quality Care Campaign, has expressed deep concerns about the upcoming Mental Capacity (Amendment) Bill.

Professor Martin Green OBE, chief executive of Care England, said: “As providers we are very concerned about the inherent conflict of interest associated with place Liberty Protection Safeguards assessment responsibilities on care home managers.”

The Bill will have its initial Committee Stage in the House of Lords tomorrow and will amend the Mental Capacity Act 2005. Working with the Care Provider Alliance (CPA), both companies have identified some major concerns about the premise of the Bill.

Care England said existing DoLS arrangements are unwieldy and need replacing. The company has expressed widespread concerns that certain aspects of the proposals dissolve the safeguards that currently protect individuals who lack the capacity to make decisions about their care.

“Whilst reform is necessary as providers we cannot fathom why the Department of Health and Social care is intent on driving forward a Bill that is simply not fit for purpose.

“If we are agreed in the final outcome, namely protecting the vulnerable, then the Government must draw on the expertise contained in the Law Commission’s extensive report and start again with due consideration to all parties involved in protecting those in need backed up by proper consultation and impact assessments,” said Professor Green.

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