LGA Briefing on The Mental Capacity (Amendment) Bill Committee Stage (Day 2), House of Lords

We have long called for an overhaul of the current Deprivation of Liberty Safeguards (DoLS) process to create a fully-funded, simpler and less bureaucratic scheme


Key messages 

  • We have long called for an overhaul of the current Deprivation of Liberty Safeguards (DoLS) process to create a fully-funded, simpler and less bureaucratic scheme. The current system is unable to ensure there is adequate protection for human rights and we therefore support the introduction of the Mental Capacity (Amendment) Bill.
  • The current Bill must be improved in order to ensure that these rights of individuals in extremely vulnerable circumstances are safeguarded. We are keen to work with Government and national partners to ensure the Bill is fit for purpose and implementable in practice.
  • In particular, we would like to explore who best is placed to assess whether a deprivation of liberty is in a person’s best interest when they are unable to decide and consent for themselves, and how to secure the checks and balances needed to ensure that the decision is the right one. This will enable councils to work with their partners locally to ensure people who lack capacity are placed at the heart of decisions made about their care.

LGA Briefing on The Mental Capacity (Amendment) Bill Committee Stage (Day 2), House of Lords