Consultation: Law Commission – Mental Capacity and Deprivation of Liberty

The Law Commission recently published a consultation paper, Mental Capacity and Deprivation of Liberty

The consultation paper reviews the Deprivation of Liberty Safeguards (the DoLS) in England and Wales. The goal is to replace the DoLS with a straightforward and accessible legal framework which provides appropriate safeguards for people who lack capacity whose care or treatment is becoming restrictive. 
 
The provisional proposals in the consultation paper represent the Law Commission’s initial view about how the law should be reformed. The consultation period will run until 2 November 2015. A review of the proposals on the basis of all of the responses will then follow with a Final Report accompanied by a draft bill expected by the end of 2016.