A summary of the key themes included in the Law Commission’s consultation paper on deprivation of liberty.

Sets out in detail the Government’s provisional view of each individual proposal, broadly agreeing with the Liberty Protection Safeguards model. As the Government has commissioned a review into the Mental Health Act, proposals that relate to the interface between the Mental Health Act and Mental Capacity Act will be considered as part of that review. The Government also wants to ensure that Liberty Protection Safeguards fit with the conditions and future direction of the health and social care sector, so it will continue to work through the detail of the recommendations and engage further with stakeholders particularly on implementation. The Government will bring forward legislation to implement the model in due course.

Interim statement providing an update on issues that emerged from the Law Commission’s consultation on the Deprivation of Liberty Safeguards (DoLS), which set out a replacement scheme called ‘protective care’. The paper sets out the background to the review of DoLS. It then outlines the ‘protective care’ scheme described in the consultation paper, which consists of three aspects: the supportive care scheme, the restrictive care and treatment scheme, and the hospitals and palliative care scheme. It then summarises the main messages from the consultation, which received 583 written responses and involved the Law Commission attending 83 events across England and Wales. The results of the consultation found a case for replacing the DoLS. Most consultees found the DoLS to be overly legalistic and found it had failed to deliver improved outcomes for people who lack capacity and their carers. Most consultees welcomed the new provision proposals, but concerns were raised about the financial implications. During the next phase of the review, the Law Commission will produce draft legislation and a final report. The document invites views on the new name for the scheme.

Interim statement providing an update on issues that emerged from the Law Commission’s consultation on the Deprivation of Liberty Safeguards (DoLS), which set out a replacement scheme called ‘protective care’. The paper sets out the background to the review of DoLS. It then outlines the ‘protective care’ scheme described in the consultation paper, which consists of three aspects: the supportive care scheme, the restrictive care and treatment scheme, and the hospitals and palliative care scheme. It then summarises the main messages from the consultation, which received 583 written responses and involved the Law Commission attending 83 events across England and Wales. The results of the consultation found a case for replacing the DoLS. Most consultees found the DoLS to be overly legalistic and found it had failed to deliver improved outcomes for people who lack capacity and their carers. Most consultees welcomed the new provision proposals, but concerns were raised about the financial implications. During the next phase of the review, the Law Commission will produce draft legislation and a final report. The document invites views on the new name for the scheme.

An easy read version of the Law Commission Mental Capacity and Deprivation of Liberty: interim statement.