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Family Law

The leading authority on all aspects of family law

08 SEP 2014

The Law Commission extends its review of mental capacity and detention

The Law Commission extends its review of mental capacity and detention
The Law Commission has announced plans to extend its review of mental capacity and detention and to consider the Deprivation of Liberty Safeguards (DoLS) in their entirety. 

In July, as part of the 12th programme of law reform the Law Commission announced a project to consider how deprivation of liberty should be authorised and supervised in community settings, alongside the existing DoLS system which applies in hospitals and care homes. In response to recent developments and following consultation with stakeholders and the Law Commission, the Department of Health has asked the Commission to extend the scope of this work to include reconsidering the legislation underpinning the DoLS under the Mental Capacity Act 2005.

Nicholas Paines QC, the lead Commissioner for the project, said:

'The Department's decision is very welcome. Our timetable for the project remains unaffected. We expect to publish a consultation paper in the summer 2015 and our final report and draft legislation in summer 2017.'
The Law Commission is due to publish its report with recommendations for reform and a draft Bill in summer 2017.
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