A compelling case for replacing DoLS with a new scheme says Law Commission

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.

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