Law Society Communities

Our communities help you develop in your professional life and make the most out of your Law Society

Find out more

Private Client Section

Care homes’ conflict of interest in deprivation of liberty decisions

  • Print
  • Share
  • Save

Related images

  • Elderly clients hands against wall

Vulnerable adults could be put at risk if care homes are given increased responsibility for decisions about their liberty. 

The Law Society has criticised proposed changes to the Mental Capacity Act 2005, which are being considered on 15 October.

Under measures put forward by the government in the Mental Capacity (Amendment) Bill, care home managers would take responsibility for coordinating the process which determines whether a person should be deprived of their freedom in a residential or nursing home.

Current proposals do not require the cared-for person to be consulted, removing them from the heart of the process. Key safeguards provided under the existing Deprivation of Liberty Safeguards scheme would also be weakened.

As it stands, the Law Society believes that the proposed bill does not have sufficient safeguards and is not fit for purpose in its current form. It requires serious re-consideration and extensive revision.

  • Print
  • Share
  • Save

Benefits of Membership*

Private Client Section renewals

The Private Client Section will provide you with support, advice, networking opportunities and enable the sharing of best practice with peers.

The current Section Engagement programme has been created in consultation with the Section Advisory Committee and will focus on key issues including:

  • NRB Changes
  • LPA Changes
  • Digital Assets
  • Cross Border Tax
  • IPFDA Cases
  • Care Act
  • Elderly Client
  • HMRC Disputes
  • Inheritance Tax
  • Trusts
  • Estate Administration
  • Capital Gains Tax

These issues will be addressed through a range of activities including: workshops, seminars, conferences, webinars, website, e-newsletters, magazines and a LinkedIn group.

*See Section terms and conditions

Join today