Deprivation of Liberty Safeguards briefing document

The House of Commons has released a Deprivation of Liberty Safeguards briefing document following The Law Commission’s recommendation to replace DoLS with a new scheme called the Liberty Protection Safeguards;

“The Law Commission recommends that DoLS are repealed as a matter of urgency, and are replaced by a new scheme called the Liberty Protection Safeguards. This intends to streamline the process for assessing whether a deprivation of liberty is necessary, and obtaining the required authorisation. The Liberty Protection Safeguards would also authorise particular arrangements and conditions for a person’s care or treatment, rather than simply authorising a deprivation of liberty… Under the new scheme, when there is a potential deprivation of liberty, the responsible body – the NHS body or local authority – arranges three assessments: a capacity assessment, a medical assessment, and a ‘necessary and proportionate’ assessment. They must also consult with friends and family of the relevant person. Each case is verified by an “independent reviewer”, and those where the placement are contrary to the person’s wishes are referred to an Approved Mental Capacity Profession (AMCP).” House of Commons Briefing Paper, 2nd October 2017 

You can read the full briefing here: House of Commons DoLS Briefing
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