Is DoLS set to be replaced?

This may have slipped under everyone’s radar. A report that received little attention in the news from the Law Commission has recommended scrapping the current Deprivation of Liberties Safeguards, which it describes as “in crisis”, and replacing them with a new Liberty Protection Safeguards system.

Although this may seem like semantics, the new system is notably less onerous that the current safeguards. Although this may prove much more beneficial to a courts system struggling to deal with the massive increase in DoLS cases since the 2014 Cheshire West ruling, some will highlight that it poses a risk to the vulnerable. One notable change is the scrapping of ‘best interests’ assessments for all cases.

Law Commissioner Nicolas Paines QC has argued, however, that the current system is failing families because of the backlogs it creates: “There are unnecessary costs and backlogs at every turn, and all too often family members are left without the support they need.

“The Deprivation of Liberty Safeguards were designed at a time when considerably fewer people were considered deprived of their liberty. Now they are failing those they were set up to protect.”

Read more about the changes here.

1 Comment

  1. Regarding the ‘Best Interest’ assessments, these are completed by people who have no knowledge of the individual. I had someone attend the Nursing Home I manage to complete two of these such assessments. The assessor was here for no more than ten minutes, didn’t want to see the care plans, went to see the person, fired questions at her then declared she had the ability to make choices! This person who is able to make a ‘choice’ is unable to say her own name, doesn’t recognise her family. If you asked her if she wanted to be boiled in oil she’d say ‘yes’
    As for the Doctors who call they are no better. This procedure is a cash cow to these people. I know of a colleague who completed the course to be a Best Interest Assessor and she cannot believe how much money she’s making for precious little work. When are they going to wake up and realise this is just a box ticking exercise at the tax payers expense.

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