The review of the deprivation of liberty safeguards Tim Spencer-Lane

1. The review of the deprivation of liberty safeguards Tim Spencer-Lane

2. Timetable for the Review

3. Principles of Protective Care

4. Remit of protective care • Care homes, supportive living, extra-care housing and shared lives arrangements • Hospitals and palliative care • Domestic and family settings • Mental health care and treatment • 16 and 17 year olds

5. Our provisional proposals • Early safeguards when a placement is being considered • Authorisation for restrictive care, including care involving deprivation of liberty • Authorisation of DOL in home settings • Separate hospital scheme • Amendments to the Mental Health Act to allow admission to hospital of incapacitated people

6. Other key areas

7. Key issues at consultation • There are mixed views on Cheshire West • Services are under immense pressure • Lack of understanding the Mental Capacity Act • The importance of terminology • Limited awareness of the UN disability Convention • Rights to information are crucial Joint duty on health and social services to provide after-care services for people discharged from compulsory detention in psychiatric hospital under section 3, 37, 45A, 47 or 48

8. Key issues at consultation • General support for a new tribunal system and our proposed MHA interface • Mixed views on the new AMCP role and the proposed hospital scheme • Some concerns about the authorisation of DoL in domestic settings • Support for the principle of advance consent to deprivation of liberty • Agreement that advocacy must play a central role in the new scheme Joint duty on health and social services to provide after-care services for people discharged from compulsory detention in psychiatric hospital under section 3, 37, 45A, 47 or 48