Government urged to collaborate with care sector – not oppose it – in reform of mental capacity laws

As peers prepare to scrutinise reforms to mental capacity legislation, care sector leaders are calling on government to listen, engage and work with them to protect human rights safeguards.

The Mental Capacity (Amendment) Bill, currently in the House of Lords and due to reach the next committee stage on Monday 22 October, seeks to replace the current system known as ‘Deprivation of Liberty Safeguards’ (DoLs). It aims to change the legal safeguards for people who lack capacity to consent to their care or treatment.

Groups that represent the interests of people who use services, families and carers, independent and voluntary social care providers and others have made it clear that they all have serious concerns about the proposed changes.

Sector leaders agree that reform is necessary because the current system is under-resourced and unworkable. But concerns continue to mount over the government’s plans which they say will save local authorities £200 million or more each year without any evidence that this will be achieved.

These proposals will dilute human rights safeguards for the most vulnerable including older and disabled people who will often lack the capacity to speak for themselves.

This renewed call to listen and consult with the sector comes as the Department of Health and Social Care formally declined to answer Freedom of Information Access (FoIA) requests outlining its engagement with the sector on the Bill. This decision has now been put to appeal.