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Law Commission Publish Deprivation of Liberty Report (easyread)

The Law Commission, an independent body that advises the government on how to make law work better, have said they think some changes need to be made to our mental capacity law.

They have been looking at what happens when a person with intellectual disabilities loses their ‘liberty’ for care and treatment. This can happen in a hospital, a care home, a community placement, or sometimes even in a person’s own home.

‘Liberty’ means freedom. The right to liberty is protected by international human rights law.

The Law Commission have made suggestions on how the Mental Capacity Act 2005 could be changed to better protect the human rights of people with disabilities. Most of the changes are about the rules that need to be followed when a person who does not have the capacity to consent loses their liberty for treatment.

They have also said that they think the Mental Capacity Act 2005 should be changed to make it clearer that what you want, your wishes and feelings about the decision, are important when decisions are made about what is best for you.

You can read about the changes they have suggested in the Law Commission Mental Capacity and Deprivation of Liberty EasyRead Summary on their website.

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