Clause 4 - Best interests
Mental Capacity Bill
11:00 am
Mrs Angela Browning (Tiverton and Honiton, Conservative)
That is right. We are talking about P's best interests, which is why we must bring someone independent into the decision-making equation. For example, a social services department that identifies a person with an autistic spectrum disorder might think it appropriate—I would not disagree—to encourage P to move into independent living, away from the parents. However, social services may be unable to put in place a support package and instead just move P from the parents' home into a block of flats to live with others with similar disabilities Particularly for people with autistic spectrum disorders, one of the biggest problems is social isolation and an inability to communicate with the people around them. However, they can cope if they have a package of care attached to independent living arrangements. The case that I am using as an example shows that if the parents or the social worker decided with the person who lacked capacity that that was the best option, but then failed, because of resource constraints, to put in place an appropriate package to support that person living independently in that flat, it would cause huge long-term problems. That is why I am worried about what I see as an omission in this section.
I am very concerned about the involvement of the social worker. I have a high regard for social workers—they do sterling work—but they have to act within a framework set by their employers and what they offer their clients is often based on what the employers tell them they can offer, rather than on an objective analysis of what is in the best interests of a given client at a given moment. The Joint Committee touched on that problem when it considered the matter. We must not give social workers a charter to deliver what they have available, rather than what is needed.