Liberty Protection Safeguards

The proposals in the Mental Capacity (Amendment) Act 2019 will replace the Deprivation of Liberty Safeguards (DOLS) with Liberty Protection Safeguards (LPS). Further resources are available via the external link below.

Consultations

DHSC, 'Changes to the MCA Code of Practice and implementation of the LPS' (consultation from 17/3/22 to 7/7/22) — No results
DHSC, 'Changes to the law and guidance about making your own decisions (easy read)' (consultation from 17/3/22 to 7/7/22) — No results
Welsh Government, 'Liberty protection safeguards' (consultation from 17/3/22 to 7/7/22) — No results

Implementation

LPS delay. Helen Tabiner, 'Letter from DHSC to Liberty Protection Safeguards (LPS) national steering group members' (DHSC, 17/12/21) — The DHSC was unable to run its 12-week consultation on the draft regulations and draft Code of Practice for the MCA and LPS in summer 2021 owing to "a number of factors outside of our control", but is monitoring the capacity in the sector to engage with a consultation in light of the omicron variant before a potential launch in early 2022. No new implementation date will be set or funding confirmed until after the consultation.
LPS implementation. DHSC, 'Liberty Protection Safeguards Newsletter - March 2022' (10/3/22) — A joint consultation published by DHSC and MOJ on the draft MCA Code of Practice will take place soon, and will run for 16 weeks (rather than 12) to take account of May's local government elections. At the same time six sets of draft regulations and various other documents will be published.
LPS implementation. DHSC, 'Liberty Protection Safeguards Newsletter - Consultation Announcement' (17/3/22) — The DHSC and MOJ will consult on proposed changes to the MCA Code of Practice (and on other new documents) for 16 weeks from 17/3/22 to 7/7/22.
LPS implementation. DHSC, 'Liberty Protection Safeguards Newsletter' (14/6/22) — The email contains FAQs about DHSC, 'Changes to the MCA Code of Practice and implementation of the LPS' (consultation from 17/3/22 to 7/7/22), together with information under the headings: Draft templates covering the LPS process; LPS Steering Group meeting minutes; LPS policy team at DHSC.
LPS forms. DHSC, 'Liberty Protection Safeguards Newsletter: Draft LPS template forms' (8/7/22) — Nine draft template forms: (1) referral for an IMCA; (2) mental capacity assessment; (3) medical assessment; (4) necessary and proportionate assessment; (5) submission for pre-authorisation review; (6) referral for an unscheduled review; (7) submission for renewal; (8) referral for final authorisation; (9) authorisation record.

The Bill

Bill. Mental Capacity (Amendment) Bill 2017-19 — "A Bill to amend the Mental Capacity Act 2005 in relation to procedures in accordance with which a person may be deprived of liberty where the person lacks capacity to consent, and for connected purposes." This became the Mental Capacity (Amendment) Act 2019.
Summary of LPS legislation passage through Parliament. Claire Tyler, 'The stormy passage of the Mental Capacity (Amendment) Bill' (The House Magazine, 2/5/19) — In this article Baroness Tyler summarises the history of this legislation, concluding that "much relies on what will be set out in the Code of Practice and in secondary legislation, which will be vital in determining how the new system will work, including the vexed issue of a definition of what does and doesn’t constitute a deprivation of liberty" and that "without proper funding[,] staff resources and training it will fail in practice".

External link

Mental Health Law and Policy: Liberty Protection Safeguards resources

INFORMATION

What links here: