Update to para 6.129, page 221: Conclusion and Future Legislation

The Law Commission published its final Report on Mental Capacity and Deprivation of Liberty on 13 March 2017, along with a draft Bill. The full report is available here and a summary of the Law Commission’s conclusions are set out below. As anticipated, the Law Commission focus was on creating a more workable process, whilst placing P at the heart of decision making.

What was the purpose of the project?


What does the report recommend?


What are the relevant principles and objectives involved?


What are the main changes are proposed?


What would the new process entail when the responsible body seeks to authorise arrangements which would give rise to a DoL?

1 - in cases where it appears that the person does not wish to reside in or receive care or treatment at a particular place or proposed accommodation

2 - where the arrangements are wholly or mainly for the protection of people other than the person being placed


What if the situation is urgent?


What safeguards are provided?


Are there other reforms proposed to the Mental Capacity Act 2005?


What happens now?