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Liberty Protection Safeguards: Implementation of the 2018 Mental Capacity (Amendment) Bill

Wednesday 22 May 2019
The Studio Conference Centre, Birmingham

Liberty Protection Safeguards: Implementation of the 2018 Mental Capacity (Amendment) Bill

This event has now past, but there may well be news on the event including presentations and quotes from the day at our News pages here, a full list of our forthcoming events is available here.

Follow the conference on Twitter #DoLS

“The Mental Capacity (Amendment) Bill is moving towards the end of its Parliamentary journey.  If and when comes into force – I understand the intention being in spring 2020 – it will sweep away the (mostly unloved) DoLS regime and replace it with the Liberty Protection Safeguards (‘LPS’)” Alex Ruck Keene, Barrister & Consultant, Mental Capacity and Deprivation of Liberty Project The Law Commission.

“Our bill will reform a broken system and ensure vulnerable people have quicker access to legal protections by simplifying the process and minimising duplication, without compromising essential safeguards. Any money saved through streamlining this process will be reinvested in frontline care.” Department of Health January 2019 (The Guardian 17 Jan 2019)

“In its report on reforming the Deprivation of Liberty Safeguards (DoLS), the Law Commission estimated (and it was undoubtedly an underestimate) that some 53,000 people were deprived of their liberty outside hospitals and care homes in 2017. According to Court of Protection Data, the requisite steps to obtain authorisation from the Court of Protection was taken in a very small proportion of those cases, with an average of just under 200 a month being made in 2017 (ie a total of just over 2,300 for the year).” Alex Ruck Keene, barrister at 39 Essex Chambers speaking to Community Care September 2018

The Mental Capacity (Amendment) Bill was introduced to the House of Lords on Tuesday 3 July 2018 and seeks to replace the ‘Deprivation of Liberty Safeguards’ (DoLs). The government has now developed a new system, known as ‘Liberty Protection Safeguards’, which will become law through the bill. The Bill had sixth sitting consideration of amendments on the 22nd January 2019.
The reforms seek to:

  • introduce a simpler process that involves families more and gives swifter access to assessments
  • be less burdensome on people, carers, families and local authorities
  • allow the NHS, rather than local authorities, to make decisions about their patients, allowing a more efficient and clearly accountable process
  • consider restrictions of people’s liberties as part of their overall care package
  • get rid of repeat assessments and authorisations when someone moves between a care home, hospital and ambulance as part of their treatment

Department of Health July 2018

This conference, developed and produced in association with Alex Ruck Keene, Barrister & Former Consultant, Mental Capacity and Deprivation of Liberty Project, The Law Commission will update delegates on the implications of the new Bill and the implementation of the Liberty Protection Safeguards in your service.  Sessions will look at implementing the safeguards across health and social care and at end of life, and how to manage DoLS in the interim. 

This conference will enable you to:

  • Network with colleagues who are working to move from DoLS to Liberty Protection Safeguards
  • Reflect on national developments and understand the implications of the 2018 Mental Capacity Amendment Bill
  • Improve the way you manage Deprivation of Liberty Safeguards in the interim
  • Understand what the legal and practical implications of the new system will be and the preparation you will need to do  
  • Reflect on how you can consider restrictions of people’s liberties as part of their overall care package
  • Understand how you can improve outcomes for service users
  • Identify key strategies for improving process and practice with regard to assessments and authorisations
  • Ensure you are up to date with the implications for your service
  • Reflect on case studies from councils, health services and an end life care service
  • Self assess and reflect on your own practice
  • Gain CPD accreditation points contributing to professional development and revalidation evidence


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