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Joint Committee on Human Rights
Report published; Awaiting Government response.
It is vital to have mechanisms to ensure that arrangements made for people who lack capacity are in their best interests. It is also important that resources are, as far as possible, directed to care rather than to legal and bureaucratic processes.
The Deprivation of Liberty Safeguards (DoLS) scheme safeguards against the arbitrary deprivation of liberty of people who lack capacity to consent to their care or treatment, such as people living with dementia, people with autism and people with learning disabilities, providing legal authorisation for depriving a person of their liberty in a care home or hospital setting. However, there is widespread consensus that the scheme is broken.
Evidence given by Nicholas Paines QC, Commissioner, Law Commission , Tim Spencer-Lane, Lawyer, Law Commission, Betsey Lau-Robinson, Head of Safeguarding Adults, the Mental Capacity Act and Prevent, University College London Hospital, and Stephen Chandler, Director, Adult Social Services, Somerset Council.
Joint Committee on Human Rights publish the Right to Freedom and Safety: Reform of the Deprivation of Liberty Safeguards report