Clause 1 - The Principles
Mental Capacity Bill
9:30 am
Mrs Joan Humble (Blackpool North and Fleetwood, Labour)
It is a pleasure to follow the hon. Gentleman, because he is making some important points and is, above all, emphasising that the Bill will
empower many people in various different settings. The Bill is not just about patients in hospitals but about people in the community, which is a point that I wish to emphasise throughout our deliberations. He has rightly emphasised in his first amendment the functional nature of the Bill in determining whether an individual has the capacity for a particular decision, but I am not sure whether it is appropriate to amend the Bill and I look forward to hearing the comments of my hon. Friend the Minister.
There will be an issue around the codes of practice, because if we are to change attitudes, we have to be clear about the instructions and guidance that we are giving, especially to professionals in a social care setting. It is easy for people to assume that individuals with learning disabilities and variable mental health problems lack overall capacity, instead of finding out what their wishes are in a particular circumstance and talking to them. If one is a busy social care professional—a care worker in a home, or a domiciliary worker in somebody's own home—it is a lot easier just to get on with the job and not bother asking. They have limited time and go in and do things, instead of saying, ''Now, today should we talk about this, that and the other? What do you want to do today? What do you want me to do? What is your opinion on this? Should we go shopping? What sort of food do you want? We are going to make a decision about decorating your home.'' There might be a decision to be made about moving home. They should be saying to that individual, ''What is your opinion?'' They should determine whether he or she has the capacity to make such decisions.