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Mental Capacity and Deprivation of Liberty

The Law Commission’s consultation paper, Mental Capacity and Deprivation of Liberty has now been published. The paper can be accessed on The Law Commission’s website: http://www.lawcom.gov.uk/project/mental-capacity-and-deprivation-of-liberty/#related. The consultation paper reviews the Deprivation of Liberty Safeguards (the DoLS) in England and Wales. The Law Commission’s 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 from 7 July until 2 November 2015. They will then review the proposals on the basis of all of the responses received during the consultation period and publish a Final Report accompanied by a draft bill by the end of 2016.

This is a wide consultation process to gather as many different views and to gain as much information as possible within the consultation period. The Law Commission welcomes responses from all interested parties. If you would like to make a submission, this can be sent to the email address below.

Email: tim.spencer-lane@lawcommission.gsi.gov.uk