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The Law Commission

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

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The Law Commission

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  1. ADASS Spring Seminar 2015The Law Commission’s review of the Deprivation of Liberty SafeguardsNicholas Paines QCLaw Commissioner

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

  3. The LawCommission Part of 12th programme Proposed by Department of Health Terms of reference widened to include the current DoLS The project

  4. Timetable for the Review

  5. House of Lords PLS Committee Report • 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 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

  6. The Acid Test P v Cheshire West & Chester Council, P & Q v Surrey CC [2014] UKSC 19

  7. “Half of Deprivation of Liberty Safeguards cases breaching legal timescales” Community Care 1/10/14

  8. Adult Social Care Project Law Commission review of DoLS A new scheme for best interests deprivations of liberty based in the MCA

  9. Key issues

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