Although, at the moment, MCA 2005 may not be used to deprive such people of liberty (s 6 (5)-RRB-,
the deprivation of liberty safeguards (DoLS) will change that.
The 2014 Cheshire West case widened the definition of who was subject to «
deprivation of liberty safeguards», putting local authorities under increased pressure and adversely affecting vulnerable people.
The health committee's report, which was assessing the operation of the Mental Health Act 2007, said there was also «profoundly depressing» evidence for the poor operations of the «
deprivation of liberty safeguards» (DOLS) used to protect patients who lack mental capacity.
Not exact matches
The
safeguards involve an assessment process that must be undertaken before
deprivation of liberty may be authorised and detailed arrangements for continuing and challenging the authorisation
of deprivation of liberty.
I also speak at conferences and seminars on issues pertaining to the Care Act 2014, and
safeguarding vulnerable people and
deprivation of liberty.
Law Commissioner Nicolas Paines QC said: «The
Deprivation of Liberty Safeguards were designed at a time when considerably fewer people were considered deprived
of their
liberty.
In a report and draft Bill published this week, «Mental capacity and
deprivation of liberty», the Law Commission proposes a new scheme, the «
Liberty Protection
Safeguards».