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.



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


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