1. The review of the deprivation of liberty safeguards Tim Spencer-Lane1

2. 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

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

4. 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

5. 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

6. 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

7. 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

8. 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

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