Member

Amendments 5, 38 and 40 seek to prevent people being detained under the Mental Capacity Act as an alternative route to hospital detention if they do not meet the criteria for detention under the Mental Health Act. Amendment 5 would amend the Mental Capacity Act so that a person with a learning disability or an autistic person who does not have a psychiatric disorder could also not be detained in hospital under the deprivation of liberty safeguards or a Court of Protection order if they object to admission or treatment, or if someone objects on their behalf. Amendments 38 and 40 would amend the Mental Health Act so that the Mental Capacity Act could not be used to deprive people of their liberty who lack capacity and who do not meet the detention criteria under Part II, Section 3. This would include anyone who needs to be deprived of their liberty for physical treatment in a general hospital, in a care home or in the community. The noble Lord, Lord Scriven, spoke about not using the back door; I take these amendments in that spirit.