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Update on the Mental Capacity (Amendment) Bill - November 2018

Last week the House of Lords debated the Mental Capacity (Amendment) Bill. Prior to the debate, the Government had introduced a number of welcome changes in response to concerns raised including from the Local Government Association (LGA). In particular there were concerns about the role of care home manager in the Deprivation of Liberty Safeguards (DoLs) system.

Health Minister, Lord O’Shaughnessy said that he recognised the concerns, adding that it was essential that there was clarity on the role of care home managers, to ensure that there were no perceived conflicts of interest when undertaking their duties under the legislation. The Bill now moves to its final stages in the Lords.

The LGA have produced a very useful briefing on the report stage of the bill