Volunteers are often the bedrock of charitable organisations, but they are not protected from sexual harassment within those organisations.
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.
Here at Anthony Collins Solicitors, we have been hard at work advising a charity client, BICMP, on its new music project, ‘Resonance’.
Currently, the only ground for divorce is irretrievable break down of a marriage. Following a consultation, the Government has announced its intention to reform the legal requirements for divorce.
The UK Information Commissioner’s Office (ICO) has recently made some noteworthy changes to its guidance around data subject access requests (DSARs).
In the fourth part of our series on contract management pitfalls, we look at the risks arising out of varying the terms of construction contracts.
A local authority recently received a "roasting" by the Pensions Ombudsman for their delay in processing an employee’s ill-health retirement pension, following her diagnosis with advanced cancer.
The Times is looking for three or four charities to feature in their editions running in December 2019 and early January 2020.
Cliff Mills defines and talks about the importance of social value in his blog, and its potential within Greater Manchester.
Following a power outage at Anthony Collins Solicitors’ (ACS) Birmingham office, our employees and partners currently have limited functionality, including no access to emails.
Joint ventures present an opportunity for housing associations to build organisational capacity, the revenues from which could help deliver on wider social housing commitments.
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