People living with conditions such as Alzheimer’s, autism and learning difficulties could soon have their rights stripped back as part of imminent changes to the Mental Capacity Act.
Care home managers would be given more influence over decisions about whether someone should be detained in a residential or nursing home under the government’s plans.
That means that fewer cared for people will qualify for the protection of important safeguards, their access to advocacy and independent professional support will be more limited. People who are deprived of their liberty may face detention without any review for periods of up to three years.
Law Society president Christina Blacklaws said: “The government must reassess this misguided legislation. These people may be subject to highly restrictive measures in care homes, supportive living arrangements and hospitals.”
“We are particularly disturbed that 16- and 17-year olds would have gravely weakened safeguards and their parents’ rights would be undermined.
“Care homes that profit from decisions to detain people in their care are given too great a role under the new regime, creating a dangerous conflict of interest.
“The new legislation would task care home managers with the job of establishing whether or not a person deprived of their liberty in their care is happy with the arrangement or wishes to leave. This is a deeply flawed approach.
“Care homes are unlikely to have the expertise necessary to oversee deprivation of liberty decisions, and many – stripped to the bare bones by austerity – will not have the financial resources to cover the subsequent cost.
“The Law Society – and the vast majority of stakeholders – agree a change in the law is needed. The current system is not working. There are huge delays and a backlog of over 125,000 people who are currently unlawfully deprived of their liberty.
“But the Mental Capacity (Amendment) Bill needs urgent and extensive revision if cared for people are to have meaningful access to justice.”
The government prepared to push legislation through its final parliamentary stages on 26 February.