Summary
These Regulations implement the Deprivation of Liberty Safeguards (DoLS) under the Mental Capacity Act 2005, applying to England only. They establish eligibility criteria for various assessors (best interests, mental health, mental capacity, eligibility, age, and no refusals), specifying required qualifications, training, registration, criminal record checks, and insurance. They impose time limits (21 days) for completing assessments, mandate information requirements for standard authorisation requests, and set out procedures for resolving ordinary residence disputes between local authorities when determining supervisory body responsibility.
Reason
These regulations create an elaborate guild system restricting who may perform deprivation of liberty assessments to five narrow professional categories, artificially limiting supply and increasing costs. The requirements for insurance, specific training programmes, criminal record certificates, and years of post-registration experience impose significant barriers to entry that serve existing professionals rather than vulnerable people. The prescriptive time limits and information requirements add bureaucratic compliance costs without demonstrated benefit over flexible arrangements. The ordinary residence dispute provisions perpetuate a confusing multi-local-authority system that could be simplified. The regulatory framework was inherited wholesale from EU-influenced legislation without democratic scrutiny and reflects bureaucratic paternalism rather than consumer-driven quality assurance. Competition, tort liability, and professional reputation would better discipline assessor quality at lower cost.