Mental Capacity (Amendment) Bill [HL]

Written evidence submitted by Dr Haider Malik, Consultant Psychiatrist (MCAB28)

Mental Capacity (Amendment) Bill

Dear Sirs

I would like to raise some serious concerns about the Liberty Protection Safeguarding Bill. The mental health and eligibility assessments were completely ignored in new Bill. This could have serious consequences on safety of cared for person. At the moment in DoLS mental health assessors (section 12(2) doctors) carry out this important assessment not only to ascertain nature and degree of a mental disorder, but also to find out whether Mental Health Act is required or DoLS.

In current Bill there is complete oversight of mental health assessor's role. Though DoLS is considered complicated and bureaucratic piece of legislation but in my view Liberty Protection Safeguarding (as it stands) would fail the stress test. I am hoping that House of Commons review the document and include at least eligibility  assessment  by mental health assessor, who has special qualifications to carry out this assessment.

Kind regards

Dr Haider Malik
Consultant Psychiatrist

11 January 2019


Prepared 15th January 2019