ADASS warns on drafting of legislation to replace deprivation of liberty safeguards

The Association of Directors of Adult Social Services (ADASS) has said it has “serious concerns” about how the Mental Capacity (Amendment) Bill, which will replace the Deprivation of Liberty Safeguards (DoLS), is drafted.

The Bill is reaching the committee stage where it will be scrutinised in the House of Lords.

Glen Garrod, President of ADASS, said: “Supporting the safeguarding of people’s rights where they may not have the capacity to do is a fundamentally important safeguard for extremely vulnerable people.

“We supported the Government's intention to review how this legislation was working following the Cheshire West judgement and, the subsequent work by the Law Commission.

“However, we have serious concerns about how the current Bill is drafted, in particular around the expectation that care home managers will be responsible for the assessments that are required to authorise the deprivation of a person’s liberty, when that person lives in a care home. This raises concerns regarding real or perceived conflicts of interest and capacity and capability.”

Garrod added: “Planning care and assessing whether deprivation of liberty is in a person’s best interest when they are unable to decide for themselves are completely different things.

“It is essential these issues are fully understood and that the implications are clear for local authorities as both commissioner and responsible body under this Bill.

“What is of critical importance however is that the system that replaces DoLS has to be an improvement on its predecessor, not least for the sake of those who need it to safeguard and protect their human rights.”