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…
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