header-logo header-logo

17 April 2014 / Beverley Taylor , Sophy Miles
Issue: 7603 / Categories: Features , Mental health
printer mail-detail

Capacity in crisis?

Sophy Miles & Beverley Taylor highlight the problems stemming from the Mental Capacity Act 2005

The House of Lords Select Committee on the Mental Capacity Act has recently condemned the failure to implement a “visionary” piece of legislation which “had the potential to transform the lives of many”. In a stinging report, the committee described one part of the legislation, the controversial deprivation of liberty safeguards (DOLS), as unfit for purpose.

The committee described its work as “shining a light” on an area of public policy which might otherwise have been neglected. At the start of its work it was told by officials from the Ministry of Justice and the Department of Health that the Mental Capacity Act 2005 (MCA 2005) was “a success”. As the evidence emerged it became clear that this assessment was over-optimistic. By the concluding sessions the minister of state for care and support, Norman Lamb, had accepted that the implementation and understanding of the Act was a “work in progress”. The government has established a Mental Capacity

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll