'Excessively bureaucratic' safeguards for people lacking mental capacity to be reviewed

The Deprivation of Liberty Safeguards (DOLS) provision will be reviewed and simplified to improve the protection of people who lack mental capacity, the Department of Health has announced.

DOLS allow people, such as those with dementia or people with severe learning disabilities, to be deprived of their liberty if it is considered to be in their best interests.

The Law Commission, an independent law reform adviser to the government, will conduct the project to review DOLS to create a new legal framework which will be clear and straightforward to use.

Nicholas Paines, law commissioner for public law, said: “The law in this area is highly problematic and leaves vulnerable people at risk.

People who live in supported living arrangements have limited protection in situations where they need to be provided with care and treatment which is in their best interests but do not have the capacity to consent.

“Our review will extend the protection available to vulnerable people, while making the rules clearer and easier to apply. We also intend to provide the government with insight in order to improve existing safeguards under the Deprivation of Liberty Safeguards.”

The Mental Capacity Act 2005 is the framework for assessing whether a person has the mental capacity to make decisions by themselves.

DOLS were introduced into the Mental Capacity Act 2005 by the Mental Health Act 2007 after it was found the UK did not have an adequate system of authorisation and review of the deprivation of liberty for people in residential and social services.

However the DOLS provision has been called ‘excessively bureaucratic,’ criticised for being overly complex, and was found to be not fit for purpose by a House of Lords select committee in March 2014.

It is hoped the review will extend the protection of vulnerable people’s rights from only those in hospitals or care homes to people living in supported living arrangements and other settings.