House of Lords report on the Mental Capacity Act 2005

On 13 March 2014, the House of Lords published its post-legislative scrutiny report on the Mental Capacity Act 2005 (MCA).

While recognising that the MCA was an important piece of legislation with the potential to transform lives, the report was clear that the act was not working well. In their view, this was because people did not know about it and where they did know about it they did not understand it.

The most significant criticism was reserved for the Deprivation of Liberty Safeguards (DOLS) regime (intended to protect the most vulnerable in care home and hospital settings) where the provisions were felt to be poorly drafted and over-complex and bore no relationship to the language and use of the MCA, the safeguards themselves being poorly understood and implemented…

Click on the link below to read the rest of the Withers briefing.

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Withers

  • Family law revolution

    22 April 2014 marked ‘the largest reform of the family justice system any of us have seen or will see in our professional lifetimes’, according to the president of the Family Division.

  • A day out with the Charity Tax Group

    Withers’ Graham Elliott discusses the points he found most interesting from this year’s Charity Tax Group annual meeting.

View more briefings from Withers

Analysis from The Lawyer

Browse This Firm’s


16 Old Bailey
City of London

Turnover (£m): 123.30
No. of lawyers: 313