The review of the deprivation of liberty safeguards Tim Spencer-Lane 1

Timetable for the Review Stage 1: Pre consultation Stage 2: Public Consultation 7 July 2015 Publication of consultation paper July to October 2015 4 month public consultation Stage 3: Final Report and Draft Bill Publication by the end of 2016 Legislation introduced in the next session of Parliament? 2

Principles of Protective Care Delivers improved outcomes An MCA based scheme A non elaborate scheme ECHR compliant Supportive of the UNCRPD 3

Remit of protective care Care homes, supportive living, extra-care housing and shared lives arrangements Hospitals and palliative care Domestic and family settings Mental health care and treatment 16 and 17 year olds 4

Our provisional proposals Early safeguards when a placement is being considered Authorisation for restrictive care, including care involving deprivation of liberty Authorisation of DOL in home settings Separate hospital scheme Amendments to the Mental Health Act to allow admission to hospital of incapacitated people 5

Other key areas Consolidation of advocacy New legal supported decision-making scheme Reform of the best interests check-list Is a new criminal offence needed? Continuation of RPR role (but not paid RPR) Reform of coroners legislation Ability to consent to a future deprivation of liberty Regulation by CQC, CSSIW and HIW 6

Key issues at consultation There are mixed views on Cheshire West Services are under immense pressure Lack of understanding the Mental Capacity Act The importance of terminology Limited awareness of the UN disability Convention Rights to information are crucial 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 7

Key issues at consultation General support for a new tribunal system and our proposed MHA interface Mixed views on the new AMCP role and the proposed hospital scheme Some concerns about the authorisation of DoL in domestic settings Support for the principle of advance consent to deprivation of liberty Agreement that advocacy must play a central role in the new scheme 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 8

My contact details: Email tim.spencer-lane@lawcommission.gsi.gov.uk Website www.lawcommission.justice.gov.uk 9