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Government seeks to change law on deprivation of liberty safeguards

Mental Capacity (Amendment) Bill begins its parliamentary passage

The Mental Capacity (Amendment) Bill, which was introduced to the House of Lords on 3 July 2018, seeks to replace the current system of 'Deprivation of Liberty Safeguards' (DoLs). The Bill will receive its second reading on 16 July 2018.

DoLs, the assessment system currently carried out on people who do not have the mental capacity to make their own decisions about their care, was criticised by a 2017 Law Commission review for being too complex and bureaucratic.

The government has now developed a new system, known as 'Liberty Protection Safeguards', set out in the Bill.

The reforms seek to:

For the Bill, as introduced, click here. For the Department of Health and Social Care's announcement, click here. For the Law Commission's report, click here.