Professional body for solicitors claims protection for vulnerable adults is inadequate

The House of Lords Select Committee has heard from the Law Society that frontline professionals are frequently unaware of the Mental Capacity Act (MCA) and lack skills to put it into practice.

The MCA is a legal framework which ensures people who lack the mental capacity to make their own decisions have a ‘decision maker’ with their best interests at heart to act on their behalf.

Nicola Mackintosh, from the Law Society’s Mental Health and Disability Committee, said: “Unfortunately, professional training for key front line staff has not kept pace with the increasing complexity of community care. We would like to see more training on the legal framework and practical application of the MCA.

“Safeguarding the dignity and wellbeing of people with impaired capacity should be a priority for the Government. Solicitors often handle the aftermath of poor implementation of the Act and it is essential that steps are taken to increase awareness so our most vulnerable citizens are not at risk.”

The Law Society’s submission to the House of Lords Select Committee has called for a review of Deprivation of Liberty (DoL) provisions, the assessments which ensure the legal protection for people who lack mental capacity.

They have also called for greater resources for the Official Solicitor, who is responsible for the wellbeing of someone who lacks the capacity to manage their own affairs and does not have a suitable person to act on their behalf, in order to protect more vulnerable people.

Ms Mackintosh said: “The over-arching problem with the DoLs regime, as with the MCA generally, is that it is complex and is not always used when it should be. There is effectively a postcode lottery for patients.

“The DoLs protections can only be used for those detained in hospitals and care homes. They need to be extended to also protect the increasing number of people placed in ‘supported living’, whose numbers may increase still further as a result of the Government’s response to the Winterbourne View scandal.

“Solicitors representing vulnerable clients see increasing demands on those with the responsibility of ensuring these clients exercise their legal rights under the Act, such as the Official Solicitor and the Court of Protection. The lack of resources means real problems with accessibility and delay for vulnerable adults.”