23.23.1Under section 21A of the MCA 2005, the Court of Protection supervises ’urgent authorisations’ granted by a ‘managing authority’ (a hospital or care home) and ‘standard authorisations’ granted by a ’supervisory body’ (the local authority), allowing a managing authority lawfully to deprive P of their liberty under sections 4, 16 and 39 of, and Schedules A1 and 1A to, the MCA 2005. The statutory scheme was supplemented by a code of practice: Mental Capacity Act 2005: Deprivation of liberty safeguards ‒ Code of Practice to supplement the main Mental Capacity Act 2005 Code of Practice.1http://webarchive.nationalarchives.gov.uk/20130107105354/http:/www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_085476.

23.23.2The scheme of DOLS (deprivation of liberty safeguards) has attracted criticism on account of its complexity and steps are being taken to streamline it. May 2016 saw the publication by the Law Commission of Mental Capacity and Deprivation of Liberty Interim Statement,2www.lawcom.gov.uk/wp-content/uploads/2016/06/mental_capacity_interim_statement.pdf. which is an update of the Law Commission’s consultation on DOLS of the 7 July 2015 called Mental Capacity and Deprivation of Liberty: a Consultation Paper.3www.lawcom.gov.uk/wp-content/uploads/2015/07/cp222_mental_capacity.pdf. Essentially, the Law Commission is now scaling back its original, relatively expensive proposals to replace DOLS with schemes including ‘supportive care’, ‘restrictive care’ and ‘hospital’ schemes with simply a ‘more straightforward, streamlined and flexible scheme’ of DOLS with a greater emphasis on P’s wishes and placing responsibility for establishing the case for a DOL on the commissioner, rather than the care provider. The Law Commission aims to publish a draft Bill in March 2017.