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Elderly Care Conference 2015
The Law Commission’s review of the
Deprivation of Liberty Safeguards
Nicholas Paines QC
Law Commissioner
The Law Commission
Independent body created by statute
Responsible for systematic
development and reform of law in
England and Wales
Currently on our 12th programme of
law
reform
The Law Commission
The Law Commission
Part of 12th programme
Proposed by Department of Health
Terms of reference widened to include
the current DoLS
The project
Timetable for the Review
Stage 1: Pre consultation
Stage 2: Public Consultation
Summer 2015 Publication of consultation paper
Summer – Autumn 2015 4 month public consultation
Stage 3: Draft Bill and report
Publication Summer 2017
Legislation before the end of the next Parliament?
House of Lords PLS Committee Report
Joint duty on health and social services
to provide after-care services for people
discharged from compulsory detention
in psychiatric hospital under section 3,
37, 45A, 47 or 48
DoLS not being used when they should be,
leaving individuals without safeguards
Level and breadth of criticism demonstrates
that the DoLS are “not fit for purpose”
Replacement legislation compatible with
style and ethos of MCA
Replacement legislation must include
supported living arrangements
person without capacity to consent to their living arrangements for care and treatment
continuous supervision and
control
not free to leave
The Acid Test P v Cheshire West & Chester Council, P & Q v Surrey CC [2014] UKSC 19
“Half of Deprivation of Liberty Safeguards
cases breaching legal timescales”
Community Care 1/10/14
Adult Social Care Project
Cover detentions in hospitals, care homes
and community settings
A new scheme for best interests
deprivations of liberty based in the MCA
Law Commission review of DoLS
Securing Article 5
safeguards
Article 8 safeguards
UN Disability
Convention
Ensuring a non-
elaborate scheme
Role of RPRs and
IMCAs
MHA interface
DoL in community settings
Governance &
oversight
Key issues
