Mental Capacity Amendment Bill not Fit for Purpose

Care England, the largest representative body for independent providers of adult social care, has voiced concerns about the content, process and progress of the Mental Capacity (Amendment) Bill.

Commenting on the Bill ahead of its Second Reading today, Professor Martin Green OBE, Chief Executive of Care England says:

“The Bill had a rocky ride in the House of Lords and although Peers worked hard to ameliorate its worst features we remain concerned about a range of issues. This ill considered Bill risks becoming a major hostage to fortune and needs to be slowed down and reconsidered”.

The Bill as introduced to the House of Lords at top speed this summer diverged markedly from the Law Commission’s proposals. The lack of proper consultation, untenable Impact Assessment and many other serious defects have reduced the sector’s confidence in the Department of Health and Social Care.

Martin Green continues:

The danger is that due to poor drafting, the true sentiment and intentions of the Bill, namely to improve the protection of vulnerable citizens who lack capacity are lost”.