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Health minister Rosie Winterton has rejected amendments to the Mental Capacity Bill that would have seen independent consultees replaced by advocates, promising critics the existing proposal would be an “advocacy plus” role, writes Sally Gillen.

Under the draft bill, unbefriended people who lack capacity will have an independent consultee to advise them on decisions such as medical treatment and accommodation.

But campaigners, including learning difficulty and disability groups, believe the role should be advocate focused, which would guarantee the wishes of the individual were better represented.

But Winterton told MPs at a debate on the bill last week that the independent consultee would be a statutory role, given a strong voice and underpinned by national training and £6.5 million funding for England and £0.4 million for Wales.

She added that people who made decisions about a person lacking capacity who did not correspond with advice given by an independent consultee would be expected to explain why.

“We have always seen the role of the independent consultee as being “on the side” of P [person without capacity]. That is the whole idea,” said Winterton.

But Liberal Democrat spokesperson for older people Paul Burstow said he was unconvinced about the role, warning that it could become known as “advocacy-lite”.

“There may well be a role for a consultee, perhaps like that of the guardian ad litem in the child protection system, but it is a separate and distinct role from that of the advocate,” he said.

“I am not yet convinced by what the minister says. There is a tension in conflating an advocacy role – being the person on P’s side, his friend – with a role on which one has to step back and give advice in a detached way to the decision maker…I genuinely do not see how those two roles can sit together comfortable and effectively,” added Burstow.