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Some Brief but Interesting Thoughts on the Mental Capacity (Amendment) Bill

Legal expert and blogger Lucy Series has just published a brief blog post on the Mental Capacity (Amendment) Bill.

It is brief because she is on holiday – hence the title ‘Some thoughts from the Lakes’!  But its brevity makes it eminently readable.

Lucy  describes her and others’ concerns about the Bill; essentially its lack of clarity, its deviation from the Law Commission proposals and its potential to limit vulnerable people’s access to justice.

This is how the blog concludes:

“I could go on but I won’t as my batteries (real and metaphorical) are running low. Concerns about the Bill are widely shared. A survey of 900 people, the majority practitioners who already work under the current system, found widespread concerns about the proposals. A recent report by the 39 Essex Chambers, widely respected experts on mental capacity law, shows concerns expressed by many experts. Third sector bodies are also concerned ….

I am disappointed but not altogether surprised that no national news outlet except the ever excellent Community Care and the legal media have covered this Bill. A review of the Mental Health Act, with no legislation before parliament, gets more coverage (and of course, both should get coverage). But the right to liberty of adults “lacking capacity” strikes many as an oxymoron, or else not proper news and something to be relegated to specialist news outlets. It’s doubtful we’d view legislation affecting the liberty rights of any other group with such disdain. But then that’s how we ended up with the current shambles in the first place.”

As I said the blog is eminently readable (and informative). Take a look…

 

 

Please read her blog

 

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