Disability rights advocates are drawing attention to the dangers in a government backed bill being discussed in the British parliament (November 2018). The Mental Capacity (Amendment) Bill would make it easier, they argue, for disabled people to be deprived of their liberty as part of their care, without adequate human rights safeguards. The UK has been criticised by the United Nations Committee on the Rights of Persons with Disabilities for failure to make progress on UN Convention rights of disabled people.
The proposals, if agreed, would give new powers to arrange deprivation of liberty assessments to care home managers, and an independent assessor would only be asked to carry out a review if the service-user was believed to be objecting to the deprivation of their liberty, and it would be up to the care home manager to decide if that person was objecting.