The Law Commission consulted on deprivation of liberty between July and November 2015. It has now issued an interim statement summarising the key messages from the consultation and setting out some of its initial conclusions. It will issue its draft report and legislation in December 2016.

The interim statement outlines the need for reform.

’Consultation has confirmed that there is a compelling case for replacing the DoLS. Most consultees perceived the DoLS to be overly technical and legalistic and, more significantly, to have failed to deliver improved outcomes for people who lack capacity and their families and other unpaid carers. The DoLS were not designed to deal with the increased numbers of people considered to be deprived of liberty following Cheshire West. The financial pressures weighed heavily on the minds of consultees. The widespread reports of backlogs, breached statutory timescales and increased workloads mean that any notion that the existing system can be patched up to cope even in the short term, in our view, is not sustainable.’