New clause 21 - Application to the court for discharge
Mental Capacity Bill
2:30 pm
Mrs Joan Humble (Blackpool North and Fleetwood, Labour)
I am pleased that the hon. Gentleman has moved on to higher order issues. Surely one of the other failings in the process involved in the Bournewood gap is that the carers of Mr. L were not consulted or involved, and they were denied access to him. Yet, under this legislation, when the assessment of capacity and the person's best interests are being discussed, the carers, whether they are informal carers, family members or professional carers—as I understand was the case with Mr. L—would be part of the process. He would not therefore have languished for three and a half months in an institution without anyone being involved in determining that.