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Can health and social care systems ensure the mental capacity act is appropriately applied?

The House of Lords Committee investigating the Mental Capacity Act 2005 will hear from representatives of the National Care Association, NHS England and Healthwatch England on Tuesday 5 November.

At 10.40am, the Committee will speak to Hilary Garratt, Director of Nursing, Commissioning and Health Improvement and Moya Sutton, Head of Safeguarding, both from NHS England, and Katherine Rake OBE, Chief Executive of Healthwatch England. 

The Committee will question the witnesses on how the Act has featured in the recent re-structuring of NHS service commissioning; the challenges of monitoring the implementation of the Act, given the range of decisions and settings that are relevant to it, and the role of NHS England and Healthwatch in promoting compliance as well as culture change.

They will be followed, at 11.40am, by Sheila Scott OBE, Chief Executive, and Nadra Ahmed OBE, Chairman, of the National Care Association. 

The Committee will ask the National Care Association how care homes manage to find the right balance between enablement and protection when implementing the Act; whether the deprivation of liberty safeguards are understood and appropriately implemented by their members; and what concerns they have about the impact of high staff turn-over on the implementation of the Act.

The evidence sessions will take place at 10.40am on Tuesday 5 November in Committee Room 2 of the House of Lords.

The session will be webcast at and is also open to the public. Journalists wishing to attend should go to Parliament's Cromwell Green Entrance and should allow time for security screening.

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