MIL-OSI UK: Mental Capacity (Amendment) Bill: Lords third reading

Source: British Parliament News

10 December 2018
The Mental Capacity (Amendment) Bill has its third reading, a chance to ‘tidy up’ the bill and make changes, in the Lords, on Tuesday 11 December 2018.

Members are expected to discuss consideration of the views of any relevant person about the wishes of the cared-for person, along with the meaning of the term ‘relevant person’. 
Following the completion of third reading, the bill will go to the House of Commons for its consideration.
Lords report stage day two: Tuesday 27 November
Members are expected to discuss a range of subjects including the appointment of an Approved Mental Capacity Professional in the case of disagreement over care arrangements and the settlement of outstanding safeguarding applications prior to the commencement of Act.
There was one division (vote) on a proposed change to the bill.
The vote concerned the insertion of a new clause into the bill entitled ‘Right to Information’.
The clause would ensure that prior to any authorisation of care arrangements, the cared-for individual – or their advocate – are fully informed of their rights, and the responsible body takes necessary steps to explain all possible outcomes and the reasons why the cared-for person may be deprived of their liberty.
The rights of the cared-for individual would include:
the right to an assessment of arrangements by an Approved Mental Capacity professional
the right to an advocate
the right to challenge the authorisation of care arrangements in court
The clause would also ensure:
The Independent Mental Capacity Advocate takes necessary steps to assist the cared-for individual in understanding their care arrangements and rights
The responsible body takes responsibility for referring cases to court when the cared-for individuals exercises their right for judicial review
277 members voted in favour of the new clause and 192 voted against, and so the change was made.
Third reading, a chance to ‘tidy up’ the bill and make changes, is yet to be scheduled.
Lords report stage day one: Wednesday 21 November
Members discussed a range of subjects including education, health and care plans and deprivation of liberty.
There was also one division (vote) on proposed changes (amendments) to the bill.
Members considered a change to the bill which would ensure that the authorisation arrangements for care and treatments are necessary to prevent harm to the cared-for person.
202 members were in favour of this amendment, with 188 against, so the change was made.
Lords committee stage day three: Monday 22 October
Members discussed a range of subjects, including the restriction on power of attorneys, training for home care managers and the duties of the Care Quality Commission.
Lords committee stage day two: Monday 15 October
Members discussed a range of subjects, including the authorisation of home care arrangements, the duty of care providers to ascertain the wishes of the cared-for person and the access of NHS bodies to a clinical ethics committee.
A third day of committee stage is scheduled for 22 October.
Lords committee stage day one: Wednesday 5 September
Members discussed a range of topics, including unlawful deprivation of liberty, advance consent and training for care home managers.
Lords second reading: Monday 16 July
Baroness Barran (Conservative), chair of the Henry Smith Charity, made her maiden speech.
Lord O’Shaughnessy (Conservative), parliamentary under-secretary in the Department of Health and Social Care, responded on behalf of the government.
Mental Capacity (Amendment) Bill summary
This bill will reform the process in the Mental Capacity Act 2005 for authorising arrangements enabling the care or treatment of people who lack capacity to consent to such arrangements, which give rise to a deprivation of their liberty.
Further information
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