Mental capacity and deprivation of liberty: the Law Commission’s consultation paper

Abstract

Purpose

The purpose of this paper is to introduce the readership to the consultation being held by the Law Commission concerning proposed revisions to the Deprivation of Liberty Safeguards (DoLS).

Design/methodology/approach

Discussion of the consultation being held by the Law Commission concerning proposed revisions to the DoLS.

Findings

These are as yet unknown as the consultation period is ongoing – it is planned that a future paper will examine the findings and recommendations from the consultation process.

Practical implications

There has been criticism of the DoLS since their introduction in 2009. A new scheme provides the opportunity to respond to some of the criticisms and to develop more appropriate processes. The paper invites readers to take part in the consultation process and to respond to the proposals that have been developed.

Social implications

A new and more appropriate scheme would be beneficial for service users and families/caregivers.

Originality/value

This is the first opportunity for a revision to the DoLS scheme and introduction of the proposed scheme and the consultation process to the readership is highly appropriate and valuable to the Journal.

Citation

Spencer-Lane, T. (2015), "Mental capacity and deprivation of liberty: the Law Commission’s consultation paper", The Journal of Adult Protection, Vol. 17 No. 5, pp. 331-334. https://doi.org/10.1108/JAP-08-2015-0022