Mental Capacity (Amendment) Bill [HL]

Written evidence submitted by Adrian Watts (MCAB70)

My name is Adrian Watts and I am a Best Interests Assessor and Assistant Deprivation of Liberty Safeguards Lead.

I am writing to express concern about the proposal that somebody could not be subject to this new scheme if they are able to leave the care home or hospital temporarily that they would not be covered by the scheme.  

This will take us back to the rather loose definition of DoLS that we had when the scheme came out and would be rather interpretive.    

The Cheshire West ruling for all of its faults at least gave clarity over who would meet the criteria and broadened the cover of the Safeguards to a whole group of people who otherwise would not have been covered, and gave them the advocacy support that they otherwise would not get.

I have grave concerns about this proposal and do not feel that this is the way to go.  

Thank you.

Adrian Watts

January 2019


Prepared 22nd January 2019