DoLS requires urgent action says Joint Committee on Human Rights

Our legal expert, Tim Spencer-Lane, outlines concerns over planned reforms to the DoLS scheme highlighted by the Government's Joint Committee on Human Rights.

In a report published today (29 June) examining the Law Commission's proposals to reform the DoLS scheme, the Joint Committee on Human Rights concludes that the current system is broken and that urgent action is needed.  It recommends that legislation is brought forward to implement the Law Commission’s recommendations, and in particular supports the extension of the scheme into domestic settings. The Committee calls for Parliament to consider the definition of deprivation of liberty in the context of mental capacity law, ensuring it the safeguards of Article 5 apply to those who truly need them. It concludes that unless the fundamental issue of definition is addressed, there is a risk that the Law Commission's proposals may become as impractical as the current scheme.