Clause 37 - Duty of local authority to seek advice before providing accommodation
Mental Capacity Bill
10:30 am
Mr Tim Boswell (Shadow Minister, Home Affairs; Daventry, Conservative)
I think so. I am not too worried about the legal obligation on the independent consultee to do a professional job, although we discussed that during an earlier amendment of mine about malfeasance by the independent consultee. However, the amendment would provide an audit trail that should be mutually beneficial for the parties involved.
That brings me to my final point. Given the principles of the Bill, anybody involved in the care of P or giving professional advice at any time may be under the hammer or under the threat of proceedings in the Court of Protection. Nobody could walk away lightly. The amendment floats the idea of establishing a more transparent decision-making process. It is intended to confront the issues involved and, if necessary, to ensure that there is clear understanding of why the advice that the Minister is anxious should be tendered is not being taken.