DoLS system will be replaced
< March 2018

DoLS system will be replaced

Caroline Dinenage, Minister of State at the Department of Health and Social Care, announced in Parliament the Government's final response to the Law Commission's report on mental capacity and Deprivation of Liberty Safeguards (DoLS).

The Government statement says "We agree in principle that the current DoLS system should be replaced as a matter of pressing urgency and we have set out our provisional stance regarding each specific recommendation below. We will legislate on this issue in due course. However, before the introduction of any new system, we will need to consider carefully the detail of these proposals carefully and ensure that the design of the new system fits with the conditions of the sector, taking into account the future direction of health and social care."

The government has accepted (or accepted in principle) 42 of 47 Law Commission recommendations, with only one rejected  "the proposed statutory codification of the law in relation to mental capacity and children" and four others deferred for consideration as part of the separate independent review of the Mental Health Act. However, legislation to replace DoLS will only happen when parliamentary time allows.

You can read the Minister's announcement HERE.

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