Good act, poor implementation: the report of the House of Lords Post-Legislative Scrutiny Committee on the Mental Capacity Act 2005

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Bartlett, Peter (2014)
  • Publisher: Jordan

The House of Lords Post-Legislative Scrutiny Committee on the Mental Capacity Act 2005 reported on 13 March 2014. This paper considers the findings and recommendations of the Committee, and in particular its two key recommendations – the establishment of an independent oversight body to co-ordinate implementation of the Act, and the need to develop a replacement for the present deprivation of liberty safeguards (DOLS).
  • References (5)

    House of Lords Select Committee on the Mental Capacity Act 2005, (2014). Mental Capacity Act 2005: Post-Legislative scrutiny, HL (2013-14) 139. Available online at http://www.parliament.uk/business/committees/committees-a-z/lords-select/mental-capacity-act2005/.

    Bartlett, P. (2012). 'The United Nations Convention on the Rights of Persons with Disabilities and Mental Health Law'. 75(5) Modern Law Review 752.

    Fennell, P. and Khaliq, U. (2011). 'Conflicting or complementary obligations? The UN Disability Rights Convention, the European Convention on Human Rights and English law' (2011) European Human Rights Law Review 662.

    Law Commission. (1995). Mental Capacity (Law Com 231) (London: HMSO).

    Lush, D. (2013) Oral evidence to House of Lords Select Committee on the Mental Capacity Act. Evidence session 14 (26 November 2013). Available online at

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