Mental Capacity (Amendment) Bill [Lords] — House of Commons, 2019-02-12
Topic: Social Welfare
Lindsay Harvey Hoyle (Labour, Centre-left): With this it will be convenient to discuss the following: Government amendments 5 to 32 Amendment 2, in schedule 1, page 15, line 24, at end insert— "(d) the effects of any treatment undergone by the cared-for person, including prescription brain injury rehabilitation therapy." Government amendments 33 to 37 Amendment 49, page 16, line, leave out from "out" to the end of line 16, and insert "by the responsible body." This amendment would require the responsible body to carry out the consultation in all cases. Government amendment 38 Amendment 50, page 17, line 13, at end insert— "(ca) the arrangements are being authorised under paragraph 16 of this Schedule, or" This amendment would require an AMCP to review all cases where the responsible body is authorising arrangements based on a statement provided by a care home manager. Government amendment 39 Amendment 48, page 18, line 21, at end insert— "Authorisation charges 24A No charges may be made in relation to the steps taken in determining whether the responsible body may authorise the arrangements for the cared-for person." Amendment 3, page 18, line 35, at end insert "or (c) at the end of a period of prescription brain injury rehabilitation therapy undergone by the cared-for person." Amendment 4, page 20, line 4, after "met" insert "taking into account any treatment to be undergone by the cared-for person, including prescription brain injury rehabilitation therapy." Government amendments 40 to 46 Amendment 51, page 23, line 1, leave out paragraphs 39 and 40 and insert— "39 (1) The responsible body must appoint an IMCA to represent and support the cared-for person if– (a) one or more of sub-paragraphs (2), (3), (4) or (5) applies, and (b) sub-paragraph (6) does not apply. (2) The cared-for person makes a request to the responsible body for an IMCA to be appointed (3) The responsible body has not identified an ‘appropriate person’ to support and represent the cared-for person in matters connected with the authorisation (4) The responsible body has identified an ‘appropriate person’ to support and represent the cared for person in matters connected with the authorisation, and they have made a request to the responsible body for an IMCA to be appointed (5) The responsible body has reason to believe one or more of the following— (a) that, without the help of an IMCA, the cared-for person and any appropriate person supporting and representing them would be unable to understand or exercise one or more of the relevant rights; (b) that the cared-for person and any appropriate person supporting and representing them have each failed to exercise a relevant right when it would have been reasonable to exercise it; (c) that the cared for person and any appropriate person supporting and representing them are each unlikely to exercise a relevant right when it would be reasonable to exercise it (6) The cared-for person objects to being represented and supported by an IMCA (7) A person is not to be regarded as an ‘appropriate person’ to represent and support the cared-for person in matters connected with this schedule unless— (a) they consent to representing and supporting the cared-for person, (b) they are not engaged in providing care or treatment for the cared-for person in a professional capacity, (c) where the cared-for person is able to express a view about who they would like to represent and support them, the cared-for person agree to being represented and supported by that person, (d) where the cared-for person is unable to express a view about who they would like to represent and support them, the responsible body has no reason to believe that the cared-for person would object to being represented and supported by that person, (e) they are both willing and able to assist the cared-for person in understanding and exercising the relevant rights under this Schedule, including with the support of an IMCA if appropriate (8) The ‘relevant rights’ under this schedule include rights to request a review under Part III of this Schedule, and the right to make an application to the court to exercise its jurisdiction under section 21ZA of this Act." This amendment would broaden the provision of advocacy, ensuring that advocates are provided as a default unless the cared-for person does not want one. Government amendment 47.