The Law Commission has delivered its final recommendations to ministers on replacing the Deprivation of Liberty Safeguards, after concluding the current system is “in crisis”.
The commission has now published its final report and draft legislation for a new system to authorise care placements involving deprivation of liberty for people lacking capacity. The commission believes its proposed Liberty Protection Safeguards (LPS) scheme will be less onerous than the DoLS while still offering human rights protections.
The LPS would cover a broader group of people than the DoLS, which is restricted to placements in care homes and hospitals.
Firstly, the LPS would apply to any setting that might give rise to a deprivation of liberty, including shared lives schemes and supported living. Secondly, it would also cover 16 and 17-year-olds, whereas the DoLs only applies to over 18s.
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