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Law Commission reveals Deprivation of Liberty Safeguards replacement

User AvatarPosted by Kathryn Platten at 15/03/2017 14:05:48

Law Commission reveals Deprivation of Liberty Safeguards replacement

Government-ordered review recommends replacing DoLS with new two-tier system of human rights protections

The Law Commission has delivered its final recommendations to ministers on replacing the Deprivation of Liberty Safeguards, after concluding the current system is “in crisis”.

The government asked the commission to review the DoLS amid concerns councils were failing to cope with a tenfold rise in deprivation of liberty cases triggered by the Supreme Court’s landmark ‘Cheshire West’ ruling in March 2014.

The commission has now published its final report and draft legislation for a new system to authorise care placements involving deprivation of liberty for people lacking capacity. The commission believes its proposed Liberty Protection Safeguards (LPS) scheme will be less onerous than the DoLS while still offering human rights protections.

The LPS would cover a broader group of people than the DoLS, which is restricted to placements in care homes and hospitals.

To read this article in full please visit www.communitycare.co.uk

Please visit www.lawcom.gov.uk for further details or to download an easy read version of the report (external website - opens in a new window)

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