The Mental Capacity Act 2005 includes the deprivation of liberty safeguards (DoLS), which protect people who do not have the mental capacity to consent to treatment.
The government consulted on replacing the DoLS in the Mental Capacity (Amendment) Bill in 2018, which passed into law in May 2019.
We've responded to the government’s consultation on the draft code that will clarify how the LPS will work in practice.
We opposed the government’s initial proposals in the amendment bill because we believed it would weaken safeguards provided under the existing DoLS.
We recommended amending the bill to improve safeguards, including:
Although the government has made some concessions, we’re still concerned about how the act will affect the rights of over 300,000 people who have diminished capacity and may be subject to restrictive measures.
Notably, 16 and 17 year olds have been brought into the LPS regime. As a result, they may be subject to watered-down protections under the Care Act 2014 and Children Act 1989.
Our Mental Health and Disability Committee will continue lobbying on your behalf to influence the code of practice.
The government has confirmed that the DoLS and LPS will run alongside each other for up to a year so that people subject to the DoLS can be transferred over to the LPS smoothly.
If you’d like to get involved in our work on this topic, you can find out more about our Mental Health and Disability committee.
