DoLS is dead, long live the Liberty Protection Safeguards

DoLS is dead, long live the Liberty Protection Safeguards


CategoryNews Author Victoria Butler-Cole QC, Alexander Ruck Keene, Adam Boukraa Date

The Mental Capacity (Amendment) Bill has passed its final Parliamentary stage, clearing the Lords for the last time on 24 April.  We do not yet have a date for Royal Assent, or, more importantly, for when it will be coming into force, although the intention has been for it to come into force in spring 2020.

A summary by Alex (who was a consultant to the Law Commission’s Mental Capacity and Deprivation of Liberty project that laid the groundwork for the Bill) can be found here, and observations by Tor and Adam on potential issues with the Bill can be found here (covering issues as they stood prior to the removal of the statutory definition of deprivation of liberty).

Members of the Court of Protection team can provide advice and training on the practical implications of the changes that are coming and preparation for those changes: contact plc@39essex.com for more details.


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