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
The reforms will also save local authorities an
estimated £200 million or more a year.
DoLs and the new system are both intended as a
safeguard to ensure people are only deprived of their
liberty when it is in their best interest, for example,
to keep them safe.
An example of a deprivation of liberty would be the use
of locks or key pads which stop a person from going out
or into different areas of the building.
Minister for Care said:
Treating people with respect and dignity, no matter
their disability or condition, is the touchstone of a
civilised society. I want to ensure that the system
works for everyone and ensures that individuals’
fundamental rights are protected while reassuring
families their loved ones are getting good care.
We know local authorities are under pressure which is
why these reforms are so important: to reduce the
burden on councils so they can focus their resources
where they are needed on the frontline.
Law Commissioner Nicholas Paines QC said:
In our report we were clear that the Deprivation of
Liberty Safeguards needed to be replaced as a matter
of pressing urgency.
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.
