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Alex Ruck Keene, 'Mental Capacity (Amendment) Bill published - headlines' (Mental Capacity Law and Policy, 4/7/18)

LPS This article notes the following information about the Mental Capacity (Amendment) Bill 2017-19: "(1) The Bill is focused solely upon a (version of) the Liberty Protection Safeguards, so the Law Commission’s proposed amendments to ss.4/5 have gone, as have regulation-making powers in relation to supported decision-making; (2) There is no statutory definition of deprivation of liberty (or provision for advance consent); (3) There are provisions for emergency deprivation of liberty/deprivations pending authorisation under the LPS; (4) The scheme of the LPS is broadly replicated, albeit from age 18 upwards, and with a significant change in relation to care homes, where considerably more responsibility is going to be placed on the care home managers in terms of arranging assessments/carrying out consultation. The reference to necessity/proportionality is no longer tied specifically to risk of harm/risk to self, but simply, now, necessity and proportionality; (5) The Law Commission’s proposed tort of unlawful deprivation of liberty (actionable against a private care provider) has gone; (6) The LPS ‘line’ of excluding the LPS from the mental health arrangements has been changed, and the current status quo (i.e. objection) as regards the dividing line between the MCA/MHA in DOLS is maintained."


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Type: Blog post🔍

Title: Mental Capacity (Amendment) Bill published - headlines

Author: Ruck Keene, Alex🔍

Publication: Mental Capacity Law and Policy🔍

Date: August 2021🔍

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