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Liberty Protection Safeguards: BASW responds to the UK Government’s decision to remove the role from care home managers to arrange assessments and gather information in England

From the outset, BASW has viewed the proposed role for care home managers as unworkable and is pleased to see the government’s recognition of sector opposition to the proposal

BASW England welcomes the decision by the UK government to drop a proposal that would have seen care home managers in England gathering information and arranging assessments on deprivation of liberty for their residents.

This role for care home managers was contained within the Mental Capacity (Amendment) Act 2019 but had not been recommended by the Law Commission. It had been the target of criticism within the sector, including from care home managers, due to its unworkability and the conflicts of interest that it would create.

The release of minutes from an October meeting on implementation of the Act last week has made clear that the UK Government will not proceed with this step in England when the Act is implemented in April 2022. However, they have not ruled out the possibility that the role could be introduced at a later date.

From the outset, BASW has viewed the proposed role for care home managers as unworkable and is pleased to see the government’s recognition of sector opposition to the proposal.

BASW believes that care home authorisations should be overseen by the responsible body, most often the local authority, as would be the case for authorisation in other settings – and calls upon the UK government to make a commitment ensuring that this part of the Act will not be commenced at any time in the future. 

BASW Cymru is also calling upon the Welsh Government to confirm that they will not be introducing this role for care home managers in Wales.