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Law Society, 'Parliamentary brief: Mental Capacity (Amendment) Bill 2018: HL committee stage' (3/9/18)

This briefing paper on the Mental Capacity (Amendment) Bill contains the following headings: (1) Introduction; (2) Executive summary; (3) Principles of a new safeguarding framework; (4) Putting the person at the centre of the Mental Capacity Act; (5) Underpinning principles in the MCA 2005 and UNCRPD; (6) Assessment processes; (7) Independent scrutiny and safeguards; (8) Review processes; (9) Removal of the power to place conditions on authorisations; (10) Challenging authorisations; (11) Application of the LPS to 16 and 17-year olds. The Law Society's website summarises it as follows: "The Law Society believes that the proposed statutory scheme in the Mental Capacity (Amendment) Bill would weaken important safeguards provided under the existing Deprivation of Liberty Safeguards scheme. Any statutory scheme which permits the state to deprive someone of their liberty for the purpose of providing care and treatment must be robust and comprehensible. As it stands, we do not believe that the proposed Bill has sufficient safeguards and is not fit for purpose in its current form. It requires serious re-consideration and extensive revision. This briefing sets out the Law Society's views and makes recommendations for changes to make the Bill fit for purpose."

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Parliamentary brief