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Yesterday the Joint Committee on Human Rights published its report on the examining the Law Commission's proposals to reform the Deprivation of Liberty Safeguards scheme. The Joint Committee on Human Rights (JCHR) said the current system is broken and that urgent action is needed.
Article 5 of the European Convention on Human Rights (ECHR) prohibits arbitrary deprivation of liberty. Consequently, it is vital to have mechanisms to ensure that the arrangements made for vulnerable people who lack mental capacity are in their best interests. It is also important that resources are, as far as possible, directed to care rather than to legal and bureaucratic processes. However, there is widespread consensus that the scheme is broken.
The JCHR report seeks to advise the Government on how to address a serious problem that has emerged in these legal and bureaucratic processes.