Mental Capacity (Amendment) Bill [HL]

Written evidence submitted by Albert House Nursing Home (MCAB27)

Re: Liberty Protection Safeguards – Mental Capacity (Amendment Bill)

I am writing on behalf of our Organisation to comment on the Amendment Bill. As a Nursing Home for the elderly I will not comment on those areas which do not impact the age group we work with or areas not directly relevant.

· Firstly I would urge that this bill is not rushed and that full and proper consultation is carried out as the impact on peoples’ lives is so important. There is no doubt that the previous legislation was not fit for purpose but this should not be a reason to rush into correction without appropriate consultation with practitioners and representative bodies, so that MPs have all facts and implications before debating this in Parliament.

· The second most worrying area concerns Care Home Managers. We believe strongly that the involvement of the Home’s staff should only be included with real care. There is a danger that in many situations their objectivity or interests may called in question with decisions made. Further somehow offering training to Managers take over this role from Professionals, or staff appointed by responsible bodies, is just not right and if their decisions are questioned, say by family, then this would raise all sorts of questions and possible areas of conflict. Managers in Care Homes are already stretched and heaping further responsibility on them could lead to more people giving up and looking for easier work. LPS assessments should only be done by those responsible and fully and properly trained to make them.

· Wishes and beliefs of the person – It is important to consult with the person who doesn’t have capacity but a separate and primary person to be consulted. In most cases a person lacking capacity will be unable to express their views but only if that person has an objection should an advocate be appointed. There are few advocates available and they would be swamped if there was a requirement to appoint an advocate when not necessary.

Yours faithfully,

Adrian Esland


January 2019


Prepared 15th January 2019