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 2:45 pm on 17 January 2019.

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Amendment proposed: 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.