Day 7 of the #LBBill Twelve Days of Christmas sees us moving on to Clause 5.
Clause 5 is Mark Neary’s original idea, that state bodies should lose the right to make arrangements for where disabled people live away from their existing home without the new arrangements being approved. Approval would have to be obtained in all cases other than arrangements made under the Mental Health Act 1983 when a person is ‘sectioned’
The approval would come from a person with parental responsibility for a child under 16, from a young person or adult aged over 16 if they had the mental capacity to decide where they live for themselves, or from the Court of Protection for a young person or adult who lacked mental capacity to decide where they live. (The cut-off for parental approval is 16 because this is the age from which most of the provisions of the Mental Capacity Act 2005 apply, including the presumption of capacity and the supervision of the Court of Protection for those who can’t make their own decisions).
To make approval meaningful, the disabled person and family members would have to be given specified information about why proposed arrangements are the ‘most appropriate’ available and what other options have been considered. This will help disabled people and family members challenge proposed arrangements which do not meet the tests set out in Clause 4.
There’s an audio introduction to Clause 5 with easy-read images here:
At the moment we do not actually say in Clause 5 that if the necessary approval is not given then the proposed living arrangements cannot be made and the state body will need to support the disabled person in their own home.
We have had some feedback that we should spell this out. Do you agree?
Are there any other changes you would make to Clause 5?