New Isle of Man law proposed to protect vulnerable people

A consultation over the draft Capacity Bill is open until 8 April

Relatives and professionals who mistreat or neglect a vulnerable person in their care could face prosecution under a proposed new law.

A new offence of ill-treatment or wilful neglect has been included in the draft Capacity Bill to protect those who lack ability to make decisions.

The change would apply to relatives and professionals responsible for those who require day-to-day or short term care.

Penalties could include up to two years in prison or a fine of up to £20,000.

A consultation on the draft Capacity Bill is available online until 8 April.

Health Minister David Ashford said the proposed new law was "vital" for the island.

Currently only health and care professionals can be charged with the specific offence of ill-treatment or neglect under the Regulation of Care Act and the Mental Health Act.

'Safeguards dignity'

The new law would also extend power of attorney legislation to allow people to make medical decisions for loved ones, and give the courts the authority to appoint a person to hold that power if one had not already been designated.

In addition, the legislation would protect the advance decisions made by patients about future care and medical treatment.

At present those decisions are made based on common law, which relies on legal precedent.

Mr Ashford said: "Providing for people who may have lost capacity in a way that safeguards individuals' rights, dignity and wellbeing is an integral part of a modern health and care system."

"The protection and rights the draft bill seeks to establish may be needed by any of us or a loved one at some time in the future, so we are all invested."

Proposals to create the legislation were previously put out to consultation in August last year.