health
The Guardian view on disability rights: the removal of legal safeguards brings risks
Charities are right to be concerned about the supreme court’s decision to lessen oversight of care settings
TL;DR
- The UK supreme court has ended the deprivation of liberty safeguards (Dols) system for disabled people.
- Dols, part of the Mental Capacity Act, previously protected individuals under continuous supervision who were not free to leave their residence.
- The system, overwhelmed by a surge in applications post-2014, is being replaced by rules where a person's wishes being met might imply consent to restrictive care.
- Disability charities express deep concern over the reduced protections and potential for harm, while some local authorities cite resource issues and inappropriate inspections.
- The ruling was made without parliamentary debate, prompting calls for the Department of Health and Social Care to explain the changes and new safeguards.