Care England has responded to the Law Commission consultation on the Mental Capacity Act Deprivation of Liberty Safeguards, and is cautiously optimistic about new ‘Protective Care’ scheme proposed.
Professor Martin Green OBE, Chief Executive of Care England says:
“We strongly agree with the intention of the Law Commission in reviewing the Deprivation of Liberty Safeguards. The current legislation is unwieldy, excessively bureaucratic and often incompatible with the business of caring. Difficulty understanding the safeguards has led to misapplication.”
“To protect vulnerable members of our society, strong legislation to replace the DoLS is essential. We welcome the intentions of the proposed ‘Protective Care’ scheme, but among proposed adaptations, our response emphasises the need for the scheme to focus on the individual rather than the definition of the care setting. We hope that the resultant scheme’s Code of Practice will be as user-friendly as that of the Mental Capacity Act. We wish the team behind the review the best of luck in this endeavour, and hope the results will be both usable and effective.”