APPENDIX 4: LETTER FROM NORMAN LAMB MP-6
NOVEMBER 2013
I write to inform you of the details of a new steering
group my Department has established on the Mental Capacity Act
2005. The work of the steering group will include consideration
of Deprivation of Liberty Safeguards.
In the Department's written evidence to your Committee
in September 2013, we expressed the Government's belief that although
the implementation programme put in place following the enactment
of the Mental Capacity Act led to important steps forward in changing
cultures to embed the Act, practice everywhere in the country
does not fully meet the ambitions and expectations of the Act.
As such, our intention is to work with national partners to assess
progress in implementing the Act and decide what further action
is required.
Furthermore, in the Government's response of October
2013 to the report of the Health Committee of the House of Commons
on its post legislative scrutiny of the Mental Health Act 2007,
the Department stated its intention to set up a new Mental Capacity
Act Steering Group to inform our work in this area.
I am pleased to inform you that this Group held its
first meeting on 14 October 2013. For your information, I enclose
a copy of the Group's Terms of Reference, and details of its membership.
The ultimate purpose of the Mental Capacity Act Steering
Group is "to agree a joint programme of action to continue
to implement the Mental Capacity Act and the Deprivation of Liberty
Safeguards". The Group is time-limited to 12 months in the
first instance, after which members will decide whether it should
continue to meet or its work be absorbed into existing programmes.
The insights and recommendations of your Committee
will be vital in informing the Government's continuing work on
the Mental Capacity Act and Deprivation of Liberty Safeguards.
Please accept my thanks in advance for the invaluable work you
are conducting in this area. If the Department can be of any assistance
to your enquiries please do not hesitate to get in touch.
Norman Lamb MP
Mental Capacity Act Steering Group (MCA-SG)
Terms of Reference
Context
The Mental Capacity Act 2005 is a very significant
piece of empowering legislation which affects some two million
people and places responsibilities on people working in health
and care settings to assess the capacity of people to make decisions,
help them to make those decisions and, if they lack capacity,
to take decisions for them in their best interests.
A number of national bodies are responsible for ensuring
that the Mental Capacity Act and Deprivation of Liberty Safeguards
are embedded in the work of the health and care sectors. Implementing
the Mental Capacity Act and Deprivation of Liberty Safeguards
are dependent on close, collaborative working between national
bodies that are responsible for providing, commissioning, regulating,
inspecting and overseeing health and care services and training
and educating health and care staff.
This steering group brings together the key national
bodies responsible for implementing the Mental Capacity Act and
Deprivation of Liberty Safeguards.
Purpose
The ultimate purpose of the MCA-SG is to agree a
joint programme of action to continue to implement the Mental
Capacity Act and the Deprivation of Liberty Safeguards.
To achieve this purpose the MCA-SG will:
(1) Discuss the evidence and share experience
to reach a common view on the current state of implementation
across the health and care sectors;
(2) Decide how to promote understanding of the
Mental Capacity Act and the Deprivation of Liberty Safeguards
and to share best practice; and
(3) Take into account key legal developments
or implementation issues . which have implications for the way
in which the Mental Capacity Act and Deprivation of Liberty Safeguards
are applied in the health and care sectors.
Management
The MCA-SG will be managed as a sub group of the
DH Mental Health System Board.
The MCA-SG will be a time limited group operating
for twelve months, after which time its membership will decide
whether it should continue to meet or its work should be absorbed
into the work of the Mental Health System Board.
It will meet quarterly.
Representatives will work together outside the quarterly
meetings as necessary, to progress actions agreed by the Group.
Member organisations
The MCA-SG will include senior representatives from:
· Department
of Health (Chair-Director of Social Care Policy)
· Ministry
of Justice
· Office
of the Public Guardian
· Court
of Protection
· NHS
England
· Care
Quality Commission
· Local
Government Association
· Association
of Directors of Adult Social Services
· Health
Education England
· Royal
College of Psychiatrists
· NHS
Confederation
· College
of Social Work
· Social
Care Institute for Excellence
· Public
Health England
· Monitor
· East
of England Strategic Clinical Network for Mental Health, Neurology
and Disability
· Care
Provider Alliance
Links to other boards
The MCA-SG will report to the Mental Health System
Board on its discussions and, as appropriate, will raise any key
issues to the Board for discussion. It will also update the Learning
Disability Programme Board and Dementia Programme Board on its
work.
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