Joint Committee on the Draft Mental Incapacity Bill Written Evidence

72.Memorandum from Self Advocacy in Action (MIB 690)

  We are a group of people with learning difficulties from North West Leicestershire and South Derbyshire, and have been meeting together since 1987.

  We have looked at the guide and would like to make the following comments.

  On page 3 point 2 we think you should also mention different ways of communicating with a person when you are helping them to make a decision for themselves. This is talked about on page 4 point 4, 30 this point really should come after point 2 page 3.

  On page 5 point 1 you mention "there will be a list of things to think about." This list is also referenced on page 6, page 8 point 4 and page 9 point 2. It would be helpful to know what's on the list, then we could decide if the Bill was any good or not.

  On page 8 point 2 the wording of this paragraph is confusing and makes it difficult to understand.

  On pages 8 and 9 you describe Lasting Powers of Attorney and a Court Appointed Deputy. What are the criteria for deciding who can make a decision to have a LPA and who has to have a Court Appointed Deputy?

  On page 10 point 3 would the person be able to go back on an advance decision and say I do want to have the treatment? Could you tell us what the "strict rules" are?

  On page 11 point 2 you say that there will be "special judges and staff". Could you tell us what extra training they would have for this? We suggest that people with learning difficulties should train them.

  On page 12 you talk about the "public guardian". How many public guardians will there be and what would be the size of the area that they cover?

  On page 13 you talk about the new law. We would like to know about the other things the new law will cover.

  Finally the draft Bill doesn't mention a person's right to have an independent advocate.

  We hope that you take our views into consideration.

August 2003

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