Mental Incapacity: Government Delay Leaves Vulnerable Adults At Risk - Burstow

9.06.00am GMT Tue 10th Dec 2002

Paul Burstow MP, Liberal Democrat Shadow Minister for Older People is today leading criticism of the time it is taking the Lord Chancellor's Department to draw up a Bill on advocacy for people with mental incapacity. Mr Burstow has accused the Government of dither, delay and leaving vulnerable adults at risk.

People who are deemed to be without mental capacity are denied the most basic rights: they are unable to be involved in decision making, unable to have maximum quality of life, and unable to benefit from developments in society. There is at present no legal framework for advocacy necessary to support individual autonomy and protect these vulnerable adults.

In March 2002, Paul Burstow MP led a delegation of age, disability and mental health charities to the Lord Chancellor's Department to lobby the Family Policy Minister to bring forward the legislation – which Labour promised to introduce when first elected.

Paul Burstow MP said:

''Vulnerable people and their carers have been waiting for almost six years for the Government to implement long promised law reform. The announcement of another consultation is yet more delay after seven years of abortive consultation.

"The Law Commission published a draft bill in 1995. In 1997, Labour made a firm promise that they would fully implement these proposals – a promise they have consistently broken.

"Announcing that we are effectively back to square one is an insult to the most vulnerable people in our society whose rights are compromised on a daily basis."

ENDS

Notes to Editors.

· A full briefing on the Bill and Liberal Democrat recommendations is available from Andy McGuffie in the Liberal Democrat Press Office on 020 7227 1242.

· On Friday 5th December 2002 Paul Burstow MP introduced the following Early Day Motion to the House of Commons:

Adult Incapacity

That this House calls upon the Government to bring forward legislation on adult incapacity; notes that there is no statutory definition of incapacity and no uniform legal test regarding the factors to be considered in determining a person's best interest and that there are insufficient regulations to prevent abuse of powers of attorney; believes that any failures to discharge assumed responsibilities for incapacitated adults should automatically trigger investigation by social services departments or in some cases be liable for criminal prosecution; further notes that there is an inadequate, and in some cases non-existent, legal framework for independent advocacy, both to articulate the most intimate needs of vulnerable people in relation to health, social care, benefits or other welfare provision and for carers to be involved in decisions or the process of challenging decisions where disputes arise; and given the inadequacy of existing legislation to protect the most vulnerable adults in our society, notes the need for comprehensive law reform in the field of mental capacity and for any new legislation to be linked directly to reform of the Mental Health Act 1983.