The rights against deprivation of liberty of people who lack mental capacity and are in supported living are to be reviewed by the Law Commission.
People in hospitals and care homes have the protection of the Deprivation of Liberty Safeguards (DOLS), which allow them to be deprived of their liberty if it is in their best interests. However, DOLS do not apply to those in supported living.
The Commission will review this discrepancy, create a new legal framework and provide the government with information to improve DOLS.
DOLS have come under fire from several quarters, including a House of Lords Select Committee in March, which found the safeguards “not fit for purpose”.
Liverpool solicitor Peter Edwards said: “I do not believe DOLS are an effective protection.
“They could be, if worked on, and it’s a relief that the Law Commission is looking at both areas [DOLS and the need for protection for those in supported living].”
The meaning of “deprivation of liberty” for those who lack mental capacity was broadened by Baroness Hale in the Supreme Court case of Cheshire West [2014] UKSC 19.
Edwards said that procedures to deprive people of their liberty were set out by DOLS, but that an appeal would take about a year and cost £30,000-£50,000. For people in supported living, permission needs to be sought from the Court of Protection before they can be deprived of liberty—a cumbersome process.
“What we need is a clear procedure with lots of safeguards where an individual can appeal through a cheap, accessible tribunal mechanism,” he said.
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