In its post-legislative scrutiny of the Mental Health Act 2007 MHA 2007 published on 14 August 2013, the House of Commons Health Select Committee considered the deprivation of liberty safeguards, and found them profoundly wanting. Evidence was received from (inter alia) the Department of Health, the Care Quality Commission and the Mental Health Alliance, and the Committee concluded thus:
“106. The Committee found the evidence it received about the effective application of deprivation of liberty safeguards (DOLS) for people suffering from mental incapacity profoundly depressing and complacent. The Department itself described the variation as "extreme". People who suffer from lack of mental capacity are among the most vulnerable members of society and they are entitled to expect that their rights are properly and effectively protected. The fact is that despite fine words in legislation they are currently widely exposed to abuse because the controls which are supposed to protect them are woefully inadequate.
107. Against this background, the Committee recommends that the Department should initiate an urgent review of the implementation of DOLS for people suffering from mental incapacity and calls for this review to be presented to Parliament, within twelve months, together with an action plan to deliver early improvement.”