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Care home briefing 148 – Consultation paper: Mental Capacity and Deprivation of Liberty

The Law Commission has published a consultation paper on Mental Capacity and Deprivation of Liberty. The paper makes proposals about replacing the Deprivation of Liberty Safeguards (DoLS), which have been widely criticised.

A wider scheme of ‘protective care’ is proposed comprising three sets of safeguards:

  • ‘Supportive Care Scheme’ – for people in care homes, supported living or shared lives schemes who lack capacity but are not yet subject to restrictive forms of care and treatment;
  • ‘Restrictive Care and Treatment Scheme’ – the direct replacement for DoLS but applicable to wider circumstances.
  • ‘Hospital Scheme’ – covering hospitals and hospices.

The protective care scheme is far wider than DoLS covering a broader range of settings and is not restricted to deprivation of liberty cases. There will accordingly be considerable resource implications for the health and social care sector.

The consultation is open until 2 November 2015.

Click here to access the paper.


This briefing is for guidance purposes only. RadcliffesLeBrasseur LLP accepts no responsibility or liability whatsoever for any action taken or not taken in relation to this note and recommends that appropriate legal advice be taken having regard to a client's own particular circumstances.

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