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Upcoming changes to DoLS

“Everyone has the right to liberty and security of person. No one shall be deprived of his or her liberty (unless) in accordance with a procedure prescribed in law.”Article 5 of the Human Rights Act states

Recently the government published a draft Bill for the Mental Capacity (Amendment) Bill. Much will be discussed over the next coming weeks about the changes, but what we know is the draft is in favour of abolishing DoLS and replaces it with new legislation which is expected to be called Liberty Protection Safeguards (LPS), in line with the law commission’s recommendations.

The new legislation is to create an efficient, effective and flexible system for people to receive the care and treatment they need.

What are Deprivation of Liberty Safeguards (DoLS)?

The Deprivation of Liberty Safeguards are part of the Mental Capacity Act 2005. Their primary aim is to protect vulnerable people in care homes and hospitals, who cannot consent to the type of care they need.

Why do we need DoLS?

Those who are vulnerable and need treatment and care may lack the capacity to make their own decisions and may need protection; DoLS provide the care and support they need to make them feel safe and free.

What are the new changes?

  • LPS would provide safeguards for vulnerable people without the various assessments from health and social care professionals.
  • The current six separate evaluations will be replaced by three assessments which will include: A capacity assessment, a medical assessment.
  • LPS would apply to all settings unlike DoLS which only applied to those in hospitals and care homes.
  • LPS is accessible to those aged 16 and over unlike DoLS which just referred to those 18 and over.

With the biggest shake-up in social care for a long while, our brand new MCA and the LPS Conference is PERFECTLY timed to update you on the latest developments. Find out more information and book your place.

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This blog piece was written by Munpreet Marbay.