ADASS Spring Seminar 2015 The Law Commission’s review of the Deprivation of Liberty Safeguards Nicholas Paines QC Law Commissioner

The Law Commission  Independent body created by statute  Responsible for systematic development and reform of law in England and Wales  Currently on our 12 th programme of law reform The Law Commission

 Part of 12 th 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 2015Publication of consultation paper Summer – Autumn 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

person without capacity to consent to their living arrangements for care and treatment continuous supervision and control not free to leave The Acid Test P 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

Contact details: Websitewww.lawcommission.justice.gov.uk