The Mental Capacity (Amendment) Bill is reaching a crucial parliamentary stage and requires a radical and quick rethink, according to The Voluntary Organisations Disability Group (VODG) – a charity representing voluntary sector care organisations.

VODG issued a warning just as the Mental Capacity Bill reaches the committee stage where it will open to scrutiny by MPs. The Bill itself already has over 90 amendments from peers – a fact that shows the reservations the Bill has had throughout Parliament.

The Mental Capacity (Amendment) Bill aims to provide legal safeguards that are mandatory under the European Convention on Human Rights. The Bill was designed to reform the process for authorising arrangements which would enable people who have no capacity to be deprived of their liberty so they can consent to care or treatment.

A spokesperson for VODG said: “VODG believe mental capacity legislation reform is vital to safeguard people who need support; 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.

“VODG agree with the recent Joint Committee on Human Rights report stating that the existing system is broken and needs urgent action. However, VODG is critical of the content, motive and ethos of the Bill and the fact that the Department of Health and Social Care has failed to full engage and consult with social care providers on the reforms.”

The Bill will replace the existing Deprivation of Liberty Safeguards with Liberty Protection Safeguards and will give care managers the lead, rather than local authorities, when making LPS decisions.

“There is a potential conflict of interest created by placing LPS assessment responsibilities on care managers because the person responsible for maximising the use of the service will also be responsible for deciding if someone objects to being there.

Providers may face allegations they are depriving someone of their liberty to fill a vacancy. We also have concerns about the financial and practical impact of fulfilling this new responsibility when care providers are already under enormous strain,” the spokesman continued.

Dr Rhidian Hughes, VODG chief executive, said on the VODG website: “VODG has significant concerns about the integrity of the Mental Capacity (Amendment) Bill which we believe to be ill-conceived and flawed.

“Reform is crucial if the rights of people living in vulnerable circumstances are to be protected, yet the very sector that supports such individuals has not been meaningfully engaged on the changes. The way the Bill has been handled suggests the goal is saving money, rather than a thoughtful process that prioritises people’s best interest.”