The Mental Capacity (Amendment) Bill - Do the proposed changes to the Deprivation of Liberty Safeguards go far enough?: A Critical Analysis of the Liberty Protection Safeguards - Couverture souple

Fox, Tommy JJ

Couverture souple

ISBN 13 : 9798667019497

Editeur : Independently published, 2020

Synopsis

The Mental Capacity Act (MCA) 2005 was celebrated for its ground-breaking legal framework, which empowered those who lacked mental capacity and protected them from unlawful treatment. However, in less than 10 years since the implementation of the Deprivation of Liberty Safeguards (DOLS), the House of Lords has established a post-legislative scrutiny committee to engage in an overhaul of DOLS in their entirety. With the Government having turned to the Law Commission to draft a new bill to replace DOLS, the question is raised as to why DOLS suffered such ill fate and what is going to replace them. 

The fundamental changes proposed to the MCA 2005 are within the Mental Capacity (Amendment) Bill (MCAB) – the Bill drafted by the Law Commission containing the new framework aimed to replace DOLS, the Liberty Protection Safeguards (LPS). Having been amended over ten stages of scrutiny between the House of Lords and the House of Commons, LPS has now passed Royal Assent. This dissertation proposes that although correct in the decision to overhaul the flawed DOLS framework, the Government have not yet achieved the essential purpose of LPS in the current iteration of the Mental Capacity (Amendment) Bill – that is to balance the protection of incapacitated individuals’ Article 5 right to liberty with a practical framework of operation.

This piece explores the following:

• The Bournewood Gap
• Protective Care: Closing the Bournewood Gap
• The case of Cheshire West and the Application Floodgates
• The impact of Cheshire West, including financial impacts, timescales, and applications 
• An overview of the Liberty Protection Safeguards which will be replacing the Deprivation of Liberty Safeguards 
• An analysis of the Mental Capacity (Amendment) Bill, identifying key issues, and exploring amendments made, concluding with the essential question:

Do the Liberty Protection Safeguards go far enough?

Détails de l'édition

• Éditeur: Independently published
• Date d'édition: 2020
• Langue: anglais
• ISBN 13: 9798667019497
• Reliure: Broché
• Nombre de pages: 86
• Coordonnées du fabricant: non disponible
• Personne responsable: non disponible