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Government Response to the proposed Liberty Protection Safeguards

Created: 15 March 2018

In a Written Ministerial Statement published yesterday, Health Minister Caroline Dinenage said the government broadly agreed with the Liberty Protection Safeguards model proposed by the Law Commission in 2017 and would legislate “when parliamentary time allows”.  The statement also acknowledged that the current DoLS (Deprivation of Liberty Safeguards) system should be replaced as a matter of "pressing urgency".

The statement said the Government "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".  Some aspects of reform related to the interface between the Mental Health Act and DoLS.  Where this occurred, the Government didn't accept the proposals but said that they would be considered as part of the ongoing Mental Health Act review.