Current laws that aim to ensure disabled people are not deprived of their liberty unlawfully are “in crisis” and need to be replaced urgently, according to the government’s advisers on law reform. The current system has led to tens of thousands of people with dementia and learning difficulties being detained in hospitals and care homes without the appropriate independent checks that their rights have not been breached, according to the Law Commission. This week, following a public consultation, the commission published its final report on Mental Capacity and Deprivation of Liberty, which includes proposals for new legislation on how the law should ensure that people without the capacity to give their consent to their care arrangements are the least restrictive they can be and are also in that person’s best interests. The current system, the Deprivation of Liberty Safeguards (DoLS), has been described as an “administrative and bureaucratic nightmare”, and the report says it is “overly

Source: Deprivation of liberty rules are ‘in crisis’ and must be replaced, says Law Commission | DisabledGo News and Blog

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