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Mental Capacity (Amendment) Bill update

The Bill had its second day of Committee stage in the Lords on 15 October. Although no amendments were made, the Government has indicated an intention to make a number of changes. The Government announced that it will be bringing forward amendments to:

1. extend the scheme to 16 and 17 year olds (which will no doubt be of interest to the Supreme Court as it considers its judgment in the Re D case heard at the start of October);
2. replace the term "unsound mind;”
3. confirm that consultation must take place with the person, and wishes and feelings must be considered;
4. introduce a statutory definition of deprivation of liberty.

The Government confirmed that the LPS would cover situations where deprivation of liberty is justified on the basis of risk of harm to others, exclude care home managers from undertaking pre-authorisation reviews, and use the code to ensure that cases involving acquired brain injury, mental health treatment in private hospitals and harm to others are referred to an AMCP.

Further details can be found here.