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1077639
star this property registered interest false more like this
star this property date less than 2019-02-26more like thismore than 2019-02-26
star this property answering body
Department of Health and Social Care more like this
star this property answering dept id 17 more like this
unstar this property answering dept short name Health and Social Care more like this
star this property answering dept sort name Health and Social Care remove filter
star this property hansard heading Mental Capacity (Amendment) Bill (HL) more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Health and Social Care, with reference to the Impact Assessment of the Mental Capacity Amendment Bill, what methodology his Department used to calculate that 0.5 per cent of appeals cases would arrive before the Court of Protection. more like this
star this property tabling member constituency Stockton North more like this
star this property tabling member printed
Alex Cunningham more like this
star this property uin 226102 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2019-03-05more like thismore than 2019-03-05
star this property answer text <p>The net cost of authorisations and reviews is estimated to be zero because the role for care homes under the Liberty Protection Safeguards will be similar to the role they have currently under the Deprivation of Liberty Safeguards and Care Act. Care homes will not be responsible for conducting assessments in any circumstances. Where appropriate they will prepare the statement provided to the responsible body. In some cases these statements might incorporate existing valid assessments but these assessments will not have been conducted by care home staff.</p><p> </p><p>0.5 days is our best estimate of how long it will take care home managers to be familiarised with their roles in the new system, assuming they are already familiar with how the Deprivation of Liberty Safeguards system operates. The current Deprivation of Liberty system training can be completed in two hours. The half day training considered to be required to familiarise care home manager with the new system is additional to the support government has committed to provide to the sector ahead of implementation of the Liberty Protection Safeguards.</p><p> </p><p>The comprehensive work undertaken by the Law Commission on reforming the Deprivation of Liberty Safeguards system over a three-year period (2014 – 2017) estimated that approximately 1% of applications would result in an appeal to the Court of Protection. This is set out on page 34 of the Law Commissions Impact Assessment on Mental Capacity and Detention. The Bill introduces a new role of the Approved Mental Capacity Professional (AMCP). The AMCP will consider objections and provide an opportunity for resolution outside the Court of Protection. Given uncertainty, we have modelled a range of scenarios. Our central estimate is based on a reduction in the number of appeals to the Court of Protection to 0.5% of applications.</p><p> </p><p>The responsibility of the Approved Mental Capacity Professional is to ensure the independence of the objection process, when an individual disagrees with their care arrangements so that individuals can exercise their right to object in confidence, they are not responsible for formal mediation but provide an opportunity for issues to be resolved outside of court. The Department is working with stakeholders and professionals to develop a Code of Practice which will assist in the implementation and transition period of the Bill.</p><p> </p><p>General practitioners (GPs) and other relevant clinicians will be able to provide evidence used for the purposes of medical and capacity assessments, for example an existing diagnosis of dementia can be used for the purposes of a medical assessment. We are not expecting GPs or other professionals to undertake new functions in addition to routine practice, but rather want to use the current healthcare system and activities to support the more streamlined Liberty Protection Safeguards system through sharing of information that already exists.</p>
star this property answering member constituency Gosport more like this
star this property answering member printed Caroline Dinenage more like this
star this property grouped question UIN
226099 more like this
226100 more like this
226101 more like this
226103 more like this
star this property question first answered
remove filter
star this property answering member
4008
star this property label Biography information for Caroline Dinenage more like this
star this property tabling member
4122
unstar this property label Biography information for Alex Cunningham remove filter