Mental Capacity (Amendment) Bill: Lords third reading

12 December 2018

The Mental Capacity (Amendment) Bill had its third reading, a chance to 'tidy up' the bill and make changes, in the Lords, on Tuesday 11 December 2018.

Members discussed bringing to the attention of the responsible body the views of any relevant person regarding the wishes of the cared-for individual, along with the meaning of the term 'relevant person'. 

Following the completion of third reading, the bill now goes to the House of Commons for its consideration.

Lords report stage day two: Tuesday 27 November

Members are expected to discuss a range of subjects including the appointment of an Approved Mental Capacity Professional in the case of disagreement over care arrangements and the settlement of outstanding safeguarding applications prior to the commencement of Act.

There was one division (vote) on a proposed change to the bill.

The vote concerned the insertion of a new clause into the bill entitled 'Right to Information'.

The clause would ensure that prior to any authorisation of care arrangements, the cared-for individual - or their advocate - are fully informed of their rights, and the responsible body takes necessary steps to explain all possible outcomes and the reasons why the cared-for person may be deprived of their liberty.

The rights of the cared-for individual would include:

  • the right to an assessment of arrangements by an Approved Mental Capacity professional
  • the right to an advocate
  • the right to challenge the authorisation of care arrangements in court

The clause would also ensure:

  • The Independent Mental Capacity Advocate takes necessary steps to assist the cared-for individual in understanding their care arrangements and rights
  • The responsible body takes responsibility for referring cases to court when the cared-for individuals exercises their right for judicial review

277 members voted in favour of the new clause and 192 voted against, and so the change was made.

Third reading, a chance to 'tidy up' the bill and make changes, is yet to be scheduled.

Lords report stage day one: Wednesday 21 November

Members discussed a range of subjects including education, health and care plans and deprivation of liberty.

There was also one division (vote) on proposed changes (amendments) to the bill.

Members considered a change to the bill which would ensure that the authorisation arrangements for care and treatments are necessary to prevent harm to the cared-for person.

202 members were in favour of this amendment, with 188 against, so the change was made.

Lords committee stage day three: Monday 22 October

Members discussed a range of subjects, including the restriction on power of attorneys, training for home care managers and the duties of the Care Quality Commission.

Lords committee stage day two: Monday 15 October

Members discussed a range of subjects, including the authorisation of home care arrangements, the duty of care providers to ascertain the wishes of the cared-for person and the access of NHS bodies to a clinical ethics committee.

A third day of committee stage is scheduled for 22 October.

Lords committee stage day one: Wednesday 5 September

Members discussed a range of topics, including unlawful deprivation of liberty, advance consent and training for care home managers.

Lords second reading: Monday 16 July

Baroness Barran (Conservative), chair of the Henry Smith Charity, made her maiden speech.

Lord O'Shaughnessy (Conservative), parliamentary under-secretary in the Department of Health and Social Care, responded on behalf of the government.

Mental Capacity (Amendment) Bill summary

This bill will reform the process in the Mental Capacity Act 2005 for authorising arrangements enabling the care or treatment of people who lack capacity to consent to such arrangements, which give rise to a deprivation of their liberty.

Further information

Image: iStockphoto

More news on: Health services and medicine, Parliament, government and politics, Parliament, Communities and families, Health services, Mental health, Health staff and professions, Medical ethics, Medicine, Patient rights and complaints, Charities, Health finance, House of Lords news, Lords news, Bill news

Share this page