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Private Client Section

Deprivation of liberty safeguards to be reformed

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Legislation will be brought forward to reform safeguards covering people detained under the Mental Capacity Act 2005, the government has announced, accepting several recommendations made by the Law Commission.

The commission was asked by the government to examine the current system after local authorities experienced a tenfold increase in applications in England and a 16-fold increase in Wales following the Supreme Court’s Cheshire West judgment, which widened the number of vulnerable people considered to be deprived of their liberty.

A House of Lords select committee had said the previous year that the safeguards were frequently not used when they should be, leaving individuals without the protections parliament intended.

The Law Society said it welcomes streamlined safeguards to effectively protect some of the most vulnerable people in society. 



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