4. Law Commission review
As part of their review of the MCA in 2014, the House of Lords also looked at the DOLS. After hearing evidence, they described them as ‘not fit for purpose.’ As a result, the Government asked the Law Commission to review the safeguards and propose a replacement. The results of this review were published on 13th March 2017. The Law Commission produced a report alongside a Draft Bill which proposed numerous changes to the Mental Capacity Act and a completely new system to replace the DoLS, which they called the ‘Liberty Protection Safeguards.’
We welcome the Law Commission’s proposals to reform the current law, which is failing people with dementia, their families and those that care for them. We urge the Government to consider the proposals and act as soon as possible to ensure the rights of people with dementia are upheld.