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The Law Commission extends its review of mental capacity and detention

Review will consider legislation underpinning DoLS under the Mental Capacity Act 2005

The Law Commission has announced that the Department of Health has asked it to extend the review of mental capacity and detention, to consider the Deprivation of Liberty Safeguards (DoLS) in their entirety.

In July, as part of the Commission's 12th programme of law reform it announced a project to consider how deprivation of liberty should be authorised and supervised in community settings, alongside the existing DoLS system which applies in hospitals and care homes.  In response to recent developments and following consultation with stakeholders and the Law Commission, the Department has asked the Commission to extend the scope of this work to include reconsidering the legislation underpinning the DoLS under the Mental Capacity Act 2005.

Nicholas Paines QC, the lead Commissioner for the project, said:

"The Department's decision is very welcome.  Our timetable for the project remains unaffected.  We expect to publish a consultation paper in the summer 2015 and our final report and draft legislation in summer 2017."

Last week the Health and Social Care Information Centre revealed that during 2013-14 in England, 13,000 Deprivation of Liberty Safeguards (DoLS) applications were completed, reflecting a 10 per cent increase compared to the previous reporting year.

For details of the Law Commission review, please click here.