Dear Department of Health and Social Care,

During the second day of the committee stage in the House of Lords on the Mental Capacity (Amendment) Bill, Baroness Stedman-Scott spoke on behalf of the Minister. At around 9.30pm she stated:

'I can tell you that approximately 30% of people do object to their DoLS review' (Hansard Vol 793, Col 385, URL link:

Please could you provide me with the data that this statement was based on. Thank you very much for your help.

Yours faithfully,

Lucy Series

Department of Health and Social Care

1 Attachment

Dear Ms Series,

Please find attached the Department of Health and Social Care's response
to your recent FOI request (our ref: FOI-1152937  ) 

Yours sincerely,

 Edward Franklyn 

Freedom of Information team
Department of Health and Social Care


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Dear Department of Health and Social Care,

Thank you very much for this reply. I understand you to be referring to the following paragraph from the Law Commission's impact assessment in 2017:

'57,000 applications will require approval by an Approved Mental Capacity Professional. We
assumed that 25% of the total authorisations under the Liberty Protection Safeguards will require
such approval. We were informed by the Association of Directors of Adult Social Services that
referrals would be required in 30% of existing DoLS assessments. However, this would only apply to
hospitals and care homes. We think 25% of all cases (including in other settings as well as care
homes and hospitals) would require a referral, once you take these settings into account, as we
assume individuals are less likely to want to leave or move from the setting if it is their own home. '

Thanks for referring me to this source of the information.

Yours faithfully,

Lucy Series

FreedomofInformation, Department of Health and Social Care

Hello Lucy,

You are correct.


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Dear Ed,

Thanks very much for this.

Yours sincerely,

Lucy Series

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