Overview

This bill amends the Mental Capacity Act 2005, clarifying the definition of "deprivation of liberty" and improving the process for providing information about authorisations for care and treatment arrangements. It also introduces a requirement for regular reviews of relevant codes of practice.

Description

The bill focuses on two main areas: redefining "deprivation of liberty" and enhancing information sharing regarding authorisations.

Deprivation of Liberty:

The bill aims to provide a clearer legal definition of what constitutes a deprivation of liberty, aligning it more closely with the European Convention on Human Rights. Different versions of the definition were proposed by the Commons and Lords, leading to a compromise.

Information Sharing:

The bill mandates that individuals subject to care and treatment arrangements, as well as their advocates, receive timely copies of authorisation records. It sets a 72-hour timeframe for this information dissemination and requires a review if this deadline is not met. The bill also necessitates regular reviews of codes of practice that guide the implementation of these processes.

Government Spending

The bill is unlikely to have a significant direct impact on government spending. The costs will primarily relate to the implementation of the new requirements for information sharing and the periodic review of codes of practice. Specific figures are not provided in the bill text.

Groups Affected

• Individuals lacking mental capacity: The bill directly affects individuals whose liberty may be restricted due to their lack of mental capacity. Improved clarity around deprivation of liberty and enhanced information sharing are intended to protect their rights.
• Care providers: The bill places new responsibilities on care providers to ensure timely information sharing and adherence to the revised definition of deprivation of liberty.
• Independent Mental Capacity Advocates (IMCAs): IMCAs will play a crucial role in supporting individuals and ensuring that they receive and understand the relevant information.
• Government bodies and the Lord Chancellor: These entities are responsible for overseeing the implementation of the bill's provisions, including the review of codes of practice.

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