Changes to DOLS regulations

14 March 2017
Proposed changes to the law covering Deprivation of Liberty Safeguards (DOLS) under the Mental Capacity Act have been welcomed by the NCPC.

Ilora, Baroness Finlay, chair of NCPC trustees, said: "The Law Commission have grappled with the real difficulties; they have listened throughout their consultations. Their proposals should simplify processes and protect those needing restrictions, providing they are properly implemented."

Simon Chapman, Director of Policy and External Affairs for the NCPC, said: “Everybody agreed that the DOLS regime was flawed and had to be changed. The Law Commission has made extensive proposals with great care, which will take time to consider. We need to ensure that the new framework protects people approaching the end of life both in terms of their liberty and in ensuring they receive the palliative and end of life care they need. We welcome the recommendation that the Mental Capacity Act be amended to place greater weight on people’s wishes and feelings when making decisions about their best interests. The proposals for advance consent could also be of real benefit in end of life care.”

The Law Commission's proposals can be found here

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