adass spring seminar 2015 the law commission’s review of the deprivation of liberty safeguards...
TRANSCRIPT
ADASS Spring Seminar 2015
The Law Commission’s review of the
Deprivation of Liberty Safeguards
Nicholas Paines QCLaw Commissioner
The Law Commission
Independent body created by statute
Responsible for systematic development and reform of law in England and Wales
Currently on our 12th programme of law reform
The Law Commission
The Law Commission
Part of 12th programme
Proposed by Department of Health
Terms of reference widened to include the current DoLS
The project
Timetable for the Review
Stage 1: Pre consultation
Stage 2: Public Consultation
Summer 2015 Publication of consultation paper
Summer – Autumn 2015 4 month public consultation
Stage 3: Draft Bill and report
Publication Summer 2017
Legislation before the end of the next Parliament?
House of Lords PLS Committee Report
Joint duty on health and social services to provide after-care services for people discharged from compulsory detention in psychiatric hospital under section 3, 37, 45A, 47 or 48
DoLS not being used when they should be, leaving individuals without safeguards
Level and breadth of criticism demonstrates that the DoLS are “not fit for purpose”
Replacement legislation compatible with style and ethos of MCA
Replacement legislation must include supported living arrangements
The Acid TestP v Cheshire West & Chester Council, P & Q v Surrey CC [2014] UKSC 19
“Half of Deprivation of Liberty Safeguards cases breaching legal timescales”
Community Care 1/10/14
Adult Social Care Project
Cover detentions in hospitals, care homes and community settings
A new scheme for best interests deprivations of liberty based in the MCA
Law Commission review of DoLS
Securing Article 5 safeguards
Article 8 safeguards
UN Disability Convention
Ensuring a non-elaborate scheme
Role of RPRs and IMCAs
MHA interface
DoL in community settings Governance & oversight
Key issues
