Deprivation of Liberty Safeguards: inquiry

• Joint Committee on Human Rights
• Inquiry: The Right to Freedom and Safety: Reform of the Deprivation of Liberty Safeguards
• Terms of reference

Hundreds of thousands of people who lack mental capacity (for example, they may have severe autism or dementia or brain injury) are looked after in settings where they are continually supervised and not free to come and go.

In March 2014, in the landmark Cheshire West case the Supreme Court ruled that Article 5 of the ECHR (right to liberty and security) applied in such cases and their care should be subject to lawful authorisation.

As a result, the number of applications for Deprivation of Liberty safeguards has increased from 13,700 in the year before the judgment to 195,840 in 2015-16. Full implementation of the current administrative and legal requirements for everyone affected could cost over £2bn per year.

The Supreme Court said that a lighter touch system would be appropriate, and in March 2017 the Law Commission made proposals for reform, but 4 years on from the judgment nothing has changed.

'Does the system protect people's rights or is it working against them?'

Harriet Harman, Chair of the Committee, said:

"This could affect your child, your brother or sister, your mother or father. The Committee wants to know -- does the system protect people's rights or is it working against them?" 

Further information

• About Parliament: Select committees
• Visiting Parliament: Watch committees

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