Mental Capacity Act 2005: post-legislative scrutiny - Select Committee on the Mental Capacity Act 2005 Contents


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.


 
previous page contents next page


© Parliamentary copyright 2014