A care minister has stated that reform to the law surrounding deprivation of liberty will take into account the suggested reform of the Mental Health Act.
In an interim ministerial statement published earlier this week, Jackie Doyle-Price stated that any proposals which stem from the Law Commission’s review will be made in “consideration of our work reforming mental health.”
This review of the existing legislation of Mental Health has been independently commissioned by the Government, with the outcome expected during the latter half of 2018.
Whilst the statement issued gave no detail on the contents of the response, Doyle-Price stated that a full response to the Law Commission’s review would be released early next year.
According to the Government, Brexit related legislative pressure has led to the replacement of Deprivation of Liberty Safeguards being put on hold.
For the time being, it stated that short-term changes would be made to existing legislation, with an aim to alleviate system pressure.
The proposals put forward by the Law Commission were in light of criticisms made both to the care system, as well as the Deprivation of Liberty Safeguards (DoLS) and their implementation.
The suggested replacement is the ‘Liberty Protection Safeguards’ which would cover those under the current DoLS system, as well as extending beyond care homes and hospital settings. It would also apply to those aged between 16 and 18.
However, medical assessments and mental capacity tests would need to be carried out by the respective local authority, as well as an evaluation on whether the placement would be both proportionate and necessary.
Following a consultation from friends and family, an independent reviewer would also be required to check the case who could approve an individual’s liberty being deprived.
This could then be subject to challenge, should concerns arise that this decision was made against their wishes.
Needless to say, the aim of the Government response is to ensure that the most vulnerable in society receive an appropriate level of protection which enabling their wishes to be accounted for.
It is yet to be seen whether the law in this area will see a significant change.
