The Law Commission’s Mental Capacity and Deprivation of Liberty report and draft Bill has now been published – we will be providing readers with a closer look at the draft Bill and what the recommendations mean to those undertaking Court of Protection cases shortly. But as a heads up - the Commission’s report includes 47 recommendations – the scrapping of the Deprivation of Liberty Safeguards and the introduction of a new scheme: the Liberty Protection Safeguards, which should be introduced “as a matter of pressing urgency” according to the report. The draft Bill also includes changes to the Mental Capacity Act with wider recommendations on decision-making – the lessons of the first ten years of the MCA and DoLS. We now await the Government’s response to the recommendations.
Do get in touch if you have any immediate questions.