New analysis of the Mental Capacity (Amendment) Bill identifies problematic assumptions that could lead to badly implemented law. The analysis of the government’s impact assessment identifies a range of concerns that could result in:
- Dilution of human rights with the mechanisms for upholding liberty being opaque and illogical.
- Significant new responsibilities for independent and voluntary sector providers of social care, and a bewildering range of responsible bodies for organisations to report depending on types of care.
- Additional financial costs being passed onto independent and voluntary sector providers with no comparable diversion of funding away from local authorities.
Voluntary Organisations Disability Group (VODG) chief executive, Dr Rhidian Hughes, said:
“This new analysis highlights deeply flawed assumptions underpinning government’s mental capacity reforms. We continue to urge government to work with the sector to get this Bill into much better shape in order to understand the human, social and financial consequences that arise from its proposed approach.”
VODG and sector partners have been raising concerns with the principles underpinning the government’s mental capacity reforms since the Bill was first introduced into the House of Lords. The analysis of the government’s impact assessment follows significant lobbying including a cross-sector letter to ministers calling for the passage of the Bill to be paused to allow for meaningful discussion.
The analysis is published by the Association for Real Change, Care England, Registered Nursing Homes Association, National Care Association, National Care Forum and the Voluntary Organisations Disability Group.