Department of Health response to the Law Commission’s consultation on mental capacity and deprivation of liberty

Department of Health, December 2015

The Department of Health has published its response to the Law Commission’s consultation on how the law should regulate deprivations of liberty (DoLS) for people who lack capacity to consent to their care and treatment arrangements. The consultation proposes that DoLS should be replaced by a new system called ‘protective care’. It also proposes that there should be a new code of practice. The Law Commission will publish its final recommendations by the end of 2016.

Click here to view the response.

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Monitoring the Deprivation of Liberty Safeguards report shows the need for greater efforts to protect vulnerable adults

Care Quality Commission, December 2015

The CQC have published their sixth annual monitoring report on how hospitals and care homes in England are using the Deprivation of Liberty Safeguards.  Data from CQC’s specialist inspection regime shows that there is variation between providers. This means that people are not consistently receiving the protections of the Deprivation of Liberty Safeguards, which help to make sure that they are treated and cared for with dignity and respect, as much as possible in line with their own wishes.

Click here for further information.

Click here to download the report.

50% of Deprivation of Liberty Safeguards cases breaching legal timescales

Community Care, 1 October 2014

More than half of Deprivation of Liberty Safeguards (Dols) cases are breaching legal timescales for completion after a landmark Supreme Court ruling in March triggered a nine-fold rise in monthly referrals to councils, a Community Care investigation has found…

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Mental Capacity Act 2005, Deprivation of Liberty Safeguards (England), Annual Report 2013-14

Health & Social Care Information Centre, September 2014

The report provides the key findings from the Mental Capacity Act 2005, Deprivation of Liberty Safeguards (DoLS) data collection for the period 1 April 2013 to 31 March 2014.   A Deprivation of Liberty (DoL) refers to a restriction of an individual’s freedom such as physical restraint or constant supervision. The DoLS are a set of legal requirements which ensure that individuals are only deprived of their liberty in a necessary and proportionate way and provide protection for individuals once a DoL has been authorised.

Click here for further information and to view the report.