Lords put care home checks in place in mental capacity Bill

New safeguards aim to reduce conflict of interest in mental capacity assessments in care homes, legal specialists have said.

Summarising the final report stage of the Mental Capacity Bill, they say that amendments have been agreed that prevent pre-authorisation reviews being carried out by someone connected to the care home. In addition, care home managers will be stopped from acting as “gatekeepers” for Independent Mental Capacity Advocate (IMCA) appointments.

Further changes to the Bill, made by the House of Lords, include:

  • The care home manager’s statement must be in writing, and accompanied by the necessary and proportionate assessment
  • The person to be assessed is expressly included in the list of those who must be consulted, and the necessary & proportionate assessment must consider the person’s wishes and feelings
  • An IMCA must be appointed unless this would not be in the person’s best interests
  • Pre-authorisation reviews must be arranged by the responsible body.

The Hansard transcript can be found online

Latest statistics on DoLs were published earlier this week.


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