Broad agreement with the Law Commission’s Liberty Protection Safeguards model
The government has said it will bring forward legislation to provide greater protection for some of the most vulnerable people in our society.
In a Written Ministerial Statement Health Minister Caroline Dinenage said the government broadly agreed with the Liberty Protection Safeguards model proposed by the Law Commission in 2017 and would legislate “when parliamentary time allows”.
This new model is a solution to the problems caused by the failing Deprivation of Liberty Safeguards. These are a set of rules designed to ensure that people that lack the capacity to consent, such as those with dementia or learning disabilities, are protected when deprived of their liberty in a hospital or care home.
Law Commissioner Nicholas Paines QC said:
“The Deprivation of Liberty Safeguards are failing those they were set up to protect – some of the most vulnerable people in our society.
“Our Liberty Protections Safeguards would protect people’s basic human rights and help make sure that everyone gets the care they need.
“We’re pleased the government agrees and we stand ready to work with them to implement these reforms as soon as possible.”