Deprivation of Liberty Safeguards

Author:
PARKIN Elizabeth
Publisher:
Great Britain. Parliament. House of Commons Library
Publication year:
2017
Pagination:
10
Place of publication:
London

This briefing paper provides an overview of the Deprivation of Liberty Safeguards (DoLS) and proposals from the Law Commission that DoLS are replaced by a new scheme called the Liberty Protection Safeguards. DoLS provide a framework for approving the deprivation of liberty for people who lack the mental capacity to consent to necessary treatment in a hospital or care home. A Supreme Court judgement in 2014 significantly widened the definition of deprivation of liberty, resulting in a ten-fold increase in the number of deprivation of liberty applications following the judgement. The Law Commission proposals for new safeguards intend to streamline the process for assessing whether a deprivation of liberty is necessary, and obtaining the required authorisation. The new scheme would also extend beyond hospitals and care homes. (Edited publisher abstract)

Subject terms:
Deprivation of Liberty Safeguards, mental capacity, assessment, rights;
Location(s):
England
Link:
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Series name:
Commons Briefing papers 8095

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