Major reform of safeguards covering people detained under the Mental Capacity Act will be a matter for the next government, the current government has revealed.
Care minister Helen Whately confirmed the delay in replacing existing Deprivation of Liberty Safeguards (DoLS) with Liberty Protection Safeguards (LPS) in a letter to the Joint Committee on Human Rights, published yesterday.
Whately said: ‘The government still accepts the need for change and we are pleased that we have made progress towards introducing the LPS. There was clear support for implementing the LPS to replace DoLS at consultation, which will be a matter for a future government to consider. The decision to delay the implementation of the LPS will enable us to focus on our priority of ensuring that everyone can access the right care, in the right place, at the right time.’
Deprivation of liberty safeguards are a set of protections for adults who lack the mental capacity to consent to being accommodated in a hospital or care home. The safeguards enable the family or patient to challenge any such deprivation.
Liberty protection safeguards were proposed by the Law Commission in 2017 after the Supreme Court’s Cheshire West judgment widened the number of vulnerable people considered to be deprived of their liberty. Liberty protection safeguards were due to be rolled out last year.
Whately said the Department for Health and Social Care and Ministry of Justice will publish a revised Mental Capacity Act code of practice ‘that supports understanding and the application of the MCA which is essential to the application of DoLS. Further details on the timing of this work will be shared in due course.’
According to official statistics about DoLS, the proportion of standard applications completed within the statutory timeframe of 21 days was 20% in 2021-22, falling from 24% the previous year. Applications were taking 153 days to complete, compared to 148 days the previous year.
‘This means that the vast majority of people subject to DoLS are unlawfully deprived of their liberty while their applications are being processed,’ the committee said.
Law Society president Lubna Shuja said: 'The government is aware of our concern that without substantial changes, the proposals to replace DoLS with LPS would result in weakened safeguards for vulnerable people. Action is needed to improve the current system... We agree with the [committee] that the DoLS system needs urgent reform to protect human rights and ensure vulnerable people can access justice.’
Solicitors feeling demoralised by the ‘continued uncertainty’ can call the Society’s free and confidential helpline.
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