ADASS Spring Seminar 2015 The Law Commission s review

ADASS Spring Seminar 2015 The Law Commission’s review of the Deprivation of Liberty Safeguards Nicholas Paines QC Law Commissioner

The Law Commission v Independent body created by statute v Responsible for systematic development and reform of law in England Wales v Currently on our 12 th programme of law reform

The Law Commission The project v Part of 12 th programme v Proposed by Department of Health v Terms of reference widened to include the current Do. LS

Timetable for the Review Stage 1: Pre consultation Stage 2: Public Consultation Summer 2015 Publication of consultation paper Summer – Autumn 2015 4 month public consultation Stage 3: Draft Bill and report Publication Summer 2017 Legislation before the end of the next Parliament?

House of Lords PLS Committee Report v Do. LS not being used when they should be, leaving individuals without safeguards Joint duty on health and social services v Level and breadth of criticism demonstrates to provide after-care services for people that the Do. LS are “not fit for purpose” discharged from compulsory detention v in. Replacement legislationunder section 3, psychiatric hospital compatible with style and ethos of 37, 45 A, 47 or 48 MCA v Replacement legislation must include supported living arrangements

The Acid Test P v Cheshire West & Chester Council, P & Q v Surrey CC [2014] UKSC 19 person without capacity to consent to their living arrangements for care and treatment continuous supervision and control not free to leave

“Half of Deprivation of Liberty Safeguards cases breaching legal timescales” Community Care 1/10/14

Law Commission review of Do. LS Adult Social Care Project A new scheme for best interests deprivations of liberty based in the MCA Cover detentions in hospitals, care homes and community settings

Key issues Securing Article 5 safeguards UN Disability Convention Role of RPRs and IMCAs Do. L in community settings Article 8 safeguards Ensuring a nonelaborate scheme MHA interface Governance & oversight

Contact details: Email Tim. spencer-lane@lawcommission. gsi. gov. uk Website www. lawcommission. justice. gov. uk