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Analysing the Government response to the review of the law on deprivation of liberty

Date:23 APR 2018
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Local Government analysis: On 14 March 2018 the Government’s final response to the Law Commission review of the law on deprivation of liberty was published which broadly agrees with most of the proposals and more significantly agrees to replace the current Deprivation of Liberty Safeguards (DoLS) system. Ben Troke partner at Browne Jacobson LLP discusses the Government’s proposals and assesses whether they go far enough as well as the likely timescales involved in implementing them.

Do the Government proposals do the commission report justice?

The Law Commission’s report ‘Mental Capacity and Deprivation of Liberty’ was published on 13 March 2017 following a three-year review of the DoLS under the Mental Capacity Act 2005 (MCA 2005). It essentially recommends that DoLS be replaced ‘as a matter of pressing urgency’.

The Government largely accepts the Law Commission proposals in full so we can look forward to some elements likely to be universally welcome eg:
  • a single scheme called Liberty Protection Safeguards (LPS) to replace the current DoLS covering patients and services users
  • the safeguards being applicable in all settings (rather than...

Read the full article here.