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DoLS to be replaced with Liberty Protection Safeguards in 2020 Main Image

DoLS to be replaced with Liberty Protection Safeguards in 2020

Mon 29 Apr 2019

The Mental Capacity (Amendment) Bill has been agreed by both Houses in Parliament and will become law as soon as it receives Royal Assent. The changes to the laws are expected to come into force in 2020.

The main effect of the legislation is to scrap Deprivation of Liberty Safeguards (DoLS) and replace them with a new system of Liberty Protection Safeguards.

Headway is working with the Ministry of Justice on the Code of Practice which will set out how the changes to the law are used in care settings. The government has said that cases dealt with under DoLS will continue under the old system for up to a year, to ensure a managed transition of cases to the Liberty Protection Safeguards system.

What are Deprivation of Liberty Safeguards (DoLS)?

DoLS ensure that the deprivation of a person’s liberty should not happen unless absolutely necessary and in the best interests of the person concerned.

The following safeguards create a process to be followed whenever it is thought necessary to restrain or restrict a person living in a hospital or care home:

If it is felt that a deprivation of liberty is inappropriate, or the deprivation has not been properly authorised, the matter should be discussed with the relevant supervisory body.

When agreement cannot be reached, an application to the Court of Protection may be needed in order for the matter to be reviewed by a judge.

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