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Uni Project - Mental Capacity

Hi there -

I am undertaking a project into mental capacity for the University of Chester. Would it be possible to ask a few questions via email? If that’s ok the questions are below, myself and the University would appreciate any participation you can offer.

1: According to The Law Commission report 222, they feel Deprivation of Liberty Safeguards do not work in a 21st century setting. How do you feel about this statement?

2. The 2014 case of P V Cheshire West influenced the ACID test which many found complex and far too broad. Do you feel the ACID test works and why do you think many are extremely negative towards it?

3. Amongst the changes proposed by The Law Commission includes broadening the scope of protection to 16-18 year olds. Do you think this is a good idea?

4. Many respondents to The Commission’s report say the changes are far too broad. They state that broadening the scope will allow for many more cares to go the courts. Do you think this point is valid?

5. One of the core changes in the report is the fact that principle human rights must not be sacrificed, however with those vulnerable and possibly living alone, it may be difficult for those without family members to do what’s in their best interest. Many academics feel the report hasn’t addressed this. Do you think this issue is imperative and do you feel there is any way of addressing the concern?

6. The Law Society states in response to the report that the changes may work in the legal sense. However – in practice they may not be suitable. Do you think this is something the report should have considered?

7. Academics against DOLs say the £1277 price tag for a single assessment in the UK is far too much. They suggest that a universal application rather than individual assessments will be more cost effective. However, some say this could go against individual human rights to protect people’s liberty. How do you feel about this?

8. The Health Department in their response suggest that the cost of the new scheme is going to be one that The Commission hasn’t considered. Do you feel a change in the law like this is a worthy investment?

Kind wishes

Brad Preston

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