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Liberty Protection Safeguards: Implementation of the 2018 Mental Capacity (Amendment) Bill

Friday 14 December 2018
De Vere W1 Conference Centre, London

The Mental Capacity (Amendment) Bill was introduced to the House of Lords on Tuesday 3 July and seeks to replace the current system known as ‘Deprivation of Liberty Safeguards’ (DoLs).

DoLs is an assessment currently carried out on people who do not have the mental capacity to make their own decisions about their care, for example because they are living with dementia. It was criticised by a 2017 Law Commission review for being too complex and bureaucratic.

The government has now developed a new system, known as ‘Liberty Protection Safeguards’, which will become law through the bill.

The reforms seek to:

  • introduce a simpler process that involves families more and gives swifter access to assessments
  • be less burdensome on people, carers, families and local authorities
  • allow the NHS, rather than local authorities, to make decisions about their patients, allowing a more efficient and clearly accountable process
  • consider restrictions of people’s liberties as part of their overall care package
  • get rid of repeat assessments and authorisations when someone moves between a care home, hospital and ambulance as part of their treatment

Department of Health July 2018

“This new legislation, based broadly on our recommendations, will go a long way towards addressing the flaws of the current system and better protect the most vulnerable in our society.” Nicholas Paines QC Law Commissioner

“Select Committees of both Houses of Parliament have criticised the Deprivation of Liberty Safeguards (DoLS) and called for the system to be reviewed. In addition, the Supreme Court’s judgment in the case of Cheshire West has led to a 10 fold increase in DoLS applications.” Department of Health April 2018

This conference, developed and produced in association with Alex Ruck Keene Barrister, 39 Essex Chambers & Former Consultant, Mental Capacity and Deprivation of Liberty Project, The Law Commission will update delegates on the implications of the new Bill and the implementation of the Liberty Protection Safeguards in your service. Sessions will cover; strengthening monitoring; ensuring compliance; implications for health services; liberty protection at the end of life; implications for current Supervisory Bodies and Assessors; implications for Best Interest Assessment.

Follow this conference on Twitter #DoLS

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