The existing Deprivation of Liberty Safeguards (DoLS) aim to protect people who lack mental capacity, but who need to be deprived of liberty so they can be given care and treatment in a hospital or care home.

This video explains some of the issues with the current system and why change may be necessary.

The DoLS have been criticised since they were introduced for being overly complex and excessively bureaucratic. In March 2014, a House of Lords Select Committee published a detailed report concluding that the DoLS were “not fit for purpose” and recommended that they be replaced.

The Law Commission have written a consultation paper, concluding that the DoLS are ‘deeply flawed’ and provisionally proposed that they be replaced with a new system, to be called ‘Protective Care’. This system is the core of a number of further recommendations.

With the support of our Volunteers, Healthwatch Bucks has submitted the attached response to this consultation paper. We’d like to thank our volunteers for their work on this document.


Our response

Law Commission recommendations on the Mental Capacity act

Published on 4 Nov, 2015 (updated 12 Jan, 2020)

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