Mental Health Bill [HL]

I gather that available in the Printed Paper Office are the draft regulations relevant to the appointment of the relevant person’s representatives as well as draft regulations for the eligibility and selection of the deprivation of liberty assessors and a statement of intent regarding the other deprivation of liberty regulation-making powers. I draw that to your Lordships’ attention not because it will affect the quality of debate in the Chamber this evening but because it would be useful if noble Lords could reflect on what we propose in the draft regulations and let me know if there are issues that they wish to raise. The noble Earl raises an important point, and I am checking to ensure that the Bill is correctly drafted. We have sought to say that the crucial person at the beginning of the assessment process should bethe best interests assessor, who is appointed with the specific function of ascertaining what is in the best interests of the individual concerned and, in so doing, to take into account a range of views, especially from family and friends. The noble Earl will know that there can be conflicting and different views, and views from a distance if I may describe them as such, but those will be taken into account. Part of what we are asking them to do is to reflect on whether, having talked with family and friends, they wish to recommend somebody as the person’s representative. In many cases, certainly in the case of family members I have spoken to, it may be very obvious who the person ought to be. In other cases it might not be. It is a very important role. On the first assessment the best interests assessor would consider that and recommend an individual, if there were such a person; then they would take over the role to act on behalf of the individual. The noble Earl mentioned the thread that runs through a number of these amendments: ensuring that those invited to take on this role receive the highest quality information. Some stakeholder organisations are concerned that professional independent mental capacity advocates are very used to the system and to undertaking an advocacy role but that family members might find it new and difficult. One of the challenges that I need to look at is how we ensure that we level up the playing field and ensure that representatives, who may be family members or friends, can access high quality information and support to enable them to act effectively on behalf of someone beyond their natural desire to do so, having been chosen or decided to undertake that role because of their affection for and commitment to the individual concerned. Paragraph 125 of the Bill applies to the initial assessments and the review assessments. There would be a representative at the review assessments because, once that person is appointed, he will play a key role in those assessments. Paragraph 49(6) applies where there is consideration of an existing assessment at review or renewal of an authorisation. Again, a representative would be in place. The Bill’s drafting recognises that an individual would be in place at the relevant time. We have tried to ensure that the best interests assessor plays a critical role at the beginning and is appointed specifically to do that, and that the representative follows on from that process—the best interests assessor playing a key role identifying who that might be—and continues it. We think that is about the right balance, not least because family or friends could hold different views. An independent best interests assessor with the requisite skills is best placed to consider effectively deprivation of liberty; then the representative takes over from there. I hope that I have answered the noble Earl’s point and have at least given him pause for thought. I hope that he will withdraw the amendment.