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10 October 2014 / Tim Spencer-Lane
Issue: 7625 / Categories: Opinion , Mental health
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Mental capacity & detention

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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
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