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Update on MCA Code of Practice and implementation of the LPS

The government announced an open consultation, seeking views on the proposed changes to the Mental Capacity Act 2005 Code of Practice, which includes guidance on the new Liberty Protection Safeguards (LPS) system.  

In light of the new legislation, case law and the developments in ways of working and good practice, the Code of Practice requires updating. Additional guidance also needs to be added to the Code of Practice, in light of the new LPS system. 

The new LPS system has been developed with the help of the Department of Education, and will apply to people over the age of 16. A number of documents are available for the sector to ease the implementation of the new LPS regulations, these are: 

  • impact assessment- constituting of an assessment of the financial impact of LPS
  • LPS workforce and training startegy, covering:
    • workforce planning
    • learning, development and training
    • advice on how different sectors can prepare for LPS 
  • LPS training framework- covering subject areas of LPS training
  • LPS National Minimum Data Set- to standardise the collection and submission of notification data sent to NHS Digital and other monitoring bodies
  • equalities impact assessment- assessing the potential equality impact of LPS, including MCA 2019, the new LPS regulations and the Code 

To read the documents in full, including the draft LPS regulations, and to respond to the UK Government consultation, please visit gov.uk/consultations

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