Care England: Mental Capacity Bill impact assessment “full of holes”

The redrafted Impact Assessment, accompanying the Mental Capacity Bill “is full of loop holes and anomalies being open to chaos and confusion”, Care England has said in a consultation response.

Chief executive Professor Martin Green said: “The very suggestion that care home managers will need only half a day’s familiarisation training indicates just how out of touch the DHSC is”.
in a response, drafted in association with organisations including the National Care Forum, the National Care Association and the Voluntary Organisations Disabilities Group, Care England lists concerns such as the bewildering range of bodies now responsible for the Liberty Protection Safeguards (LPS). There is also a very confused context for the proposed new work for care home managers; if the person is in a care home and aged 18 or over, the Local Authority must decide, essentially, whether an individual care home manager is ‘up to the job’: there is no clear information on how they will do this. 

Professor Green continues“The new system has become too complex and will transfer responsibilities, duties and costs from local authorities to care home managers. This could be the thin end of the wedge and cause providers simply to shut up shop as they cannot absorb more burdens, especially ones that are so complex and confusing”. 


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