Schedule to be inserted as Schedule AA1 to the Mental Capacity Act 2005

Part of Mental Capacity (Amendment) Bill [Lords] – in a Public Bill Committee at 9:25 am on 15th January 2019.

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Photo of Ian Austin Ian Austin Labour, Dudley North 9:25 am, 15th January 2019

With this it will be convenient to discuss the following:

Amendment 38, in schedule 1, page 16, line 4, after “if” insert

“the cared-for person is aged 16 or 17 and in other cases if”.

This amendment makes provision for an AMCP to be involved in all cases involving 16 and 17 year olds.

Government amendments 8 and 9.

Amendment 37, in schedule 1, page 16, line 12, at end insert—

“(c) the arrangements include the use of physical restraint, or

(d) the arrangements include the use of sedating medication, or

(e) a person interested in the cared-for person’s welfare has objected to the arrangements, or

(f) the cared-for person owns or has the right to occupy a different property to the property in respect of which the arrangements apply, or

(g) the cared-for person is receiving covert medication, or

(h) the cared-for person is restricted from having contact with named persons, or

(i) the cared-for person is being detained in a mental health establishment for the purposes of treatment of a mental disorder, or

(j) there is a less restrictive option for the cared-for person’s care or residence available, or

(k) the cared-for person, or a person interested in the cared-for person’s welfare, requests the review be by an Approved Mental Capacity Professional.”

This amendment provides for access to an Approved Mental Capacity Professional in specific circumstances.

Amendment 39, in schedule 1, page 16, line 12, at end insert—

“(c) the arrangements provide for the cared-for person to receive care or treatment, and it is reasonable to believe that the cared-for person does not wish to receive the specific kinds of care or treatment which the arrangements provide for, or

(d) it is reasonable to believe that the cared-for person does not wish to receive care or treatment overall.”

This amendment broadens the criteria of objection in the Bill, so that it applies to objections to the kinds of proposed care or treatment to be given, or to an overall objection to care or treatment.

Government amendment 10.