header-logo header-logo

Home Login E-newsletter About us
10 October 2014 / Tim Spencer-Lane
Issue: 7625 / Categories: Opinion , Mental health
printer mail-detail

Mental capacity & detention

© Copyright LexisNexis 2026. All Rights Reserved.
cover_5

Tim Spencer-Lane provides an overview of the Law Commission’s review of the deprivation of liberty safeguards

In July 2014 the Law Commission published its 12th programme of law reform. Included in the programme is a project to review the law governing the detention and treatment of people who lack mental capacity.

Originally, the review was limited to considering how detentions should be authorised in community settings, while learning lessons for the Deprivation of Liberty Safeguards (DoLS) under the Mental Capacity Act 2005 (MCA 2005). However, in response to recent developments and following consultation with stakeholders and the Law Commission, the Department of Health has asked us to extend the scope of this work to include considering the legislation underpinning the DoLS in its entirety (in addition to community settings).

A chequered history

  • The DoLS were introduced into MCA 2005 by the Mental Health Act 2007. Essentially they ensure a professional assessment takes place of whether the person lacks capacity to make decisions about their care and treatment and whether it is in their
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS
Read All
NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

NLJ this week: Social media bans for children spark legal dilemmas
Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
NLJ this week: Court of Appeal clarifies when a claim truly begins
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
NLJ this week: Split FDRs could ease pressure—and boost settlements
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
Copyright © 2026 LexisNexis
back-to-top-scroll