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The Law Commission is the statutory independent body created by the Law Commissions Act 1965 to keep the law under review and to recommend reform where it is needed. The aim of the Commission is to ensure that the law is:

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Nicholas Paines QC

Nicholas Paines QC

The Law Commission extends its review of mental capacity and detention

We are pleased to announce that the Department of Health has asked us to extend our review of mental capacity and detention, to consider the Deprivation of Liberty Safeguards (DoLS) in their entirety.

In July, as part of our 12th programme of law reform we announced a project to consider how deprivation of liberty should be authorised and supervised in community settings, alongside the existing DoLS system which applies in hospitals and care homes.  In response to recent developments and following consultation with stakeholders and the Law Commission, the Department has asked us to extend the scope of this work to include reconsidering the legislation underpinning the DoLS under the Mental Capacity Act 2005.

Nicholas Paines QC, the lead Commissioner for the project, said "The Department's decision is very welcome.  Our timetable for the project remains unaffected.  We expect to publish a consultation paper in the summer 2015 and our final report and draft legislation in summer 2017."

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