Mental Capacity and Deprivation of Liberty - new Law Commission report

The Law Commission published its long-awaited report and draft bill on Mental Capacity and Deprivation of Liberty (Law Com 372).

It recommends the replacement of the current Deprivation of Liberty Safeguards with a new regime called The Liberty Protection Safeguards for people who lack the mental capacity to consent but need to be deprived of their liberty for the purpose of care treatment.

These will apply in supported living, shared lives and private and domestic settings as well as hospitals and care homes, obviating the requirement for the Court of Protection to authorise a deprivation of liberty in these settings.

The proposed safeguards aim to build in protections for those who lack the mental capacity to agree to the arrangements while at the same time minimising intrusion into private and family life.

Chapter 6 of the Report gives an overview of the proposed arrangements. The new regime will only apply if the Bill becomes law.

Also find below:

  • A special report published by 39 Essex Street Chambers which contains a summary of the Law Commission's proposals for replacing the deprivation of liberty safeguards written by Tim Spencer Lane, lead lawyer at the Law Commmission, as well as responses to the proposals from a range of perspectives. These analyse some of the pros and cons of the proposals.
  • A powerpoint presentation given by Alex Ruck Keene of 39 Essex Street Chambers on the key proposals contained in the report
  • A flow chart showing the steps in the proposed Liberty Protection Safegaurds