Showing posts with label DoLS. Show all posts
Showing posts with label DoLS. Show all posts

Wednesday, 4 October 2017

Deprivation of liberty safeguards

Deprivation of Liberty Safeguards were introduced into the Mental Capacity Act by the Mental Health Act 2007. This briefing from the House of Commons Library describes recent and proposed changes, including the Law Commission review.

Tuesday, 14 March 2017

Law Commission reveals Deprivation of Liberty Safeguards replacement

The Law Commission has delivered its final recommendations to ministers on replacing the Deprivation of Liberty Safeguards, after concluding the current system is “in crisis”.

The government asked the commission to review the DoLS amid concerns councils were failing to cope with a tenfold rise in deprivation of liberty cases triggered by the Supreme Court’s landmark ‘Cheshire West’ ruling in March 2014.

The commission has now published its final report and draft legislation for a new system to authorise care placements involving deprivation of liberty for people lacking capacity. The commission believes its proposed Liberty Protection Safeguards (LPS) scheme will be less onerous than the DoLS while still offering human rights protections.