The Right to Freedom and Safety: Reform of the Deprivation of Liberty Safeguards

Contents

Terms of reference

What is the problem?

Why has this problem arisen?

What is the way forward?

2 Legal Framework

Article 5 European Convention on Human Rights

Convention on the Rights of Persons with Disabilities

Mental Capacity Act 2005

3 Law Commission Proposals

4 Overview of findings

5 Defining deprivation of liberty

6 Recommendations relating to the Law Commission’s proposals

Domestic settings

Independence of reviews

Advance consent

Advocacy and rights of appeal

Conclusions and recommendations

Annex 1: Deprivation of Liberty Safeguards (DoLS) overview

Annex 2: Liberty Protection Safeguards (LPS) overview

Declaration of Lords’ Interests

Published written evidence

List of Reports from the Committee during the current Parliament

Published: 29 June 2018