Mental Health Bill [HL]

moved Amendment No. 76: 76: Schedule 6 , page 76, line 21, at end insert ““, or (b) paragraph 66E applies (right of third party to require consideration of whether authorisation needed).”” The noble Baroness said: My Lords, I shall speak also to Amendments Nos. 77, 82 and 83. This series of government amendments will give family and friends or any other concerned person a way to triggerthe safeguards if they think that a person is being deprived of liberty and that hospital or care home managers are failing in their duty to seek authorisation. I pay tribute to noble Lords who raised this in Committee and draw the attention of noble Lords to the role that stakeholder organisations are playing in helping us to get this very difficult policy right. That helpful and constructive dialogue over the past few months has been very valuable. I put that on record and state that the amendment is intended to address one of the concerns that they have rightly raisedwith us. In Committee, the noble Earl, Lord Howe, and the noble Baroness, Lady Murphy, made the point that the safeguards would be further improved if action could be taken to initiate the authorisation processby someone other than the hospital or care home managers when there is concern that a person is deprived of liberty. I thank them for raising that matter and thank the noble Lord, Lord Rix, who would have raised the matter had he been well enough to be with us in Committee, but who raised it in spirit none the less. I undertook to take the matter away and consider whether we could achieve that without, as noble Lords will remember from our discussion, blurring the issue of who should have statutory responsibility for obtaining an authorisation if a person needs to be deprived of liberty to provide high quality care in their best interests. I think we were all agreed that that duty must rest with the hospital or the care home managers. I remain convinced that the best route to follow in such cases is to take the matter up with the care home or hospital in question. They can and, in most cases, would then apply for authorisation. Sometimes, they might be able to allay the concerns of relatives or friends. There may be a relevant order of the Court of Protection or an authorisation in place of which the individual querying the matter is not aware. I recognise that family and friends would be in a stronger position if it was known that they could take a straightforward step to make sure that a person was assessed. The amendments provide exactly that. They will enable anyone to take action if they have not been able to sort out the matter by asking the care home or hospital to apply for authorisation. They can apply to the supervisory body, which will appoint a best interests assessor to consider whether a person is in fact deprived of liberty. An IMCA will be appointed if there is no one among friends and family to consult. If the assessor identifies that an unauthorised deprivation of liberty is taking place, the full assessment process will go ahead as if an authorisation had been applied for. If the care home or hospital considers that the care plan needs to continue while the assessments are carried out, it will have to issue an urgent authorisation and obtain a standard authorisation with seven days. The amendments would not affect the right to apply to the Court of Protection to hear the case. I am confident that the amendments achieve my aim, which is to ensure that clarity remains about the duty of care homes or hospitals to apply for authorisation if it may be needed. Concerns about deprivation of liberty are dealt with, first, by the care home or hospital concerned. If someone thinks that a person may be deprived of liberty unlawfully, an assessment can be triggered. I hope that noble Lords will welcome and accept the amendments.