Liberty Protection Safeguards
This week saw the publication of the new Bill on the Deprivation of Liberty Safeguards (DoLS)

This week saw the publication of the new Bill on the Deprivation of Liberty Safeguards (DoLS), renamed as the Liberty Protection Safeguards. The bill is important as the DoLS aim to protect people who lack mental capacity, but who need to be deprived of liberty so they can be given care and treatment. For moreinformation on how a bill is ‘passed’ and made into law visit http://www.parliament.uk/about/how/laws/passage-bill/
The Law Commission is an independent body that reviews the laws of England and Wales. It was asked by the government to examine current safeguards after local authorities experienced a large increase in applications to deprive people of their liberty, following the Supreme Court’s Cheshire West judgment. The Cheshire West judgement widened the number of vulnerable people considered to be deprived of their liberty.
The Law Commissions report , published on 13 March 2017 sets out their recommendations for changes in the current law. The final report and draft Bill recommends that the DoLS be repealed soon and recommended a replacement scheme for the DoLS – which they have called the Liberty Protection Safeguards. In addition the draft Bill makes wider reforms to the Mental Capacity Act which ensure greater safeguards for persons before they are deprived of their liberty.
For those with a interest to learn more, visit http://www.lawcom.gov.uk/project/mental-capacity-and-deprivation-of-liberty/ or a summary on the follow website http://www.communitycare.co.uk/2017/03/13/law-commission-reveals-deprivation-liberty-safeguards-replacement/
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