header-logo header-logo

Mental capacity & detention

10 October 2014 / Tim Spencer-Lane
Issue: 7625 / Categories: Opinion , Mental health
printer mail-detail
cover_5

Tim Spencer-Lane provides an overview of the Law Commission’s review of the deprivation of liberty safeguards

In July 2014 the Law Commission published its 12th programme of law reform. Included in the programme is a project to review the law governing the detention and treatment of people who lack mental capacity.

Originally, the review was limited to considering how detentions should be authorised in community settings, while learning lessons for the Deprivation of Liberty Safeguards (DoLS) under the Mental Capacity Act 2005 (MCA 2005). However, in response to recent developments and following consultation with stakeholders and the Law Commission, the Department of Health has asked us to extend the scope of this work to include considering the legislation underpinning the DoLS in its entirety (in addition to community settings).

A chequered history

  • The DoLS were introduced into MCA 2005 by the Mental Health Act 2007. Essentially they ensure a professional assessment takes place of whether the person lacks capacity to make decisions about their care and treatment and whether it is in their
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll