The Government has released several factsheets on the Building Safety Bill. We will be reviewing these and outlining how they can assist providers to prepare for the new building safety regime.
The Mental Capacity Act 2005 (“the MCA”) was described by the Lords as “a visionary piece of legislation”. Its aim was to keep any person who may lack capacity to make decisions for themselves (due to a brain injury, learning disability, dementia or otherwise) at the centre of decision-making.
The Report confirms the high regard in which the MCA is held, but finds shortcomings in the outworking of the legislation. The ethos of the MCA is about empowerment of the person, yet the Committee found that “risk aversion” and “paternalism” often still prevail within the health and social care sectors.
Lord Hardie, Chairman of the Committee said:
“The Committee believes that the Act is good and it needs to be implemented. What we want to see is a change in attitudes and practice which reflects the empowering ethos of the Act. To achieve this we recommend that overall responsibility for the Act be given to an independent body whose task will be to oversee, monitor and drive forward implementation.”
Particular criticism had been levelled at the Deprivation of Liberty Safeguards (“DOLS”). The intentions underpinning these provisions were noble – to provide protection in law for anyone being treated or cared for in circumstances that deprived them of their liberty. The evidence the Committee heard regarding the use (or more commonly, the lack of use) of the safeguards was alarming:
“The evidence suggests that tens of thousands of people are being deprived of their liberty without the protection of the law, and without the protection that Parliament intended. Worse still, in some cases the safeguards are being wilfully used to oppress individuals and to force decisions upon them.
In summary, the Committee felt there is no alternative but for the current provisions to be scrapped and for Parliament to start again.
If you have questions or concerns regarding the impact or implementation of the MCA, or the Deprivation of Liberty Safeguards, please contact our specialist solicitors, Kate Jackson on email@example.com or Sheree Green on firstname.lastname@example.org or 0121 212 7404.
With the new law, spouses will be able to achieve a good divorce, making the best of a bad situation.
Anthony Collins Solicitors is able to be at the forefront of family law issues and to be a driving force for change and promotion of conciliatory working.
Anthony Collins Solicitors is supporting Resolution’s Good Divorce Week commencing on 29 November. But what is Resolution, what’s its purpose and what is a Good Divorce Week?
Anthony Collins Solicitors (ACS) has been named Family Law Firm of the Year: Midlands and Wales at the prestigious Family Law Firm Awards.
Puja Desai interviews employees around the firm and discusses their experience with different invisible illnesses. The first part was on diabetes, the second MS and this podcast focuses on epilepsy.
Social mobility and its impact on the modern workforce was top of the agenda at a virtual event hosted by law firm Anthony Collins Solicitors on Tuesday 23 November.
This month we will be considering the impact of the Autumn Budget and Spending Review on the charity sector, trustee good practice concerning benefits and net carbon zero plans.
Earlier this month, the Environment Act 2021 received Royal Assent introducing the Office for Environmental Protection. Many charities and environmental groups are buoyed by the new legislation.
Chris Lloyd-Smith, a partner at Birmingham-based law firm Anthony Collins Solicitors (ACS), has been elected as chair of Resolution’s West Midlands group.
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