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Mental Capacity Law and Policy: Liberty Protection Safeguards - "where are we, and where are we going?"

Alex Ruck Keene, Barrister & Consultant, Mental Capacity and Deprivation of Liberty Project at The Law Commission - "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’).

This blog post, originally designed to be published when the Act was given Royal Assent, is being put up now because so many people are asking for an overview of the LPS. It is accurate at the time of writing (22 March) and I will update it if and when we get further developments. 

The background to the Bill is well-known, but in short represents the response, primarily, to the widening by the Supreme Court in Cheshire West in March 2014 of the conventionally understood scope of the meaning of deprivation of liberty. This has meant both substantial increases in the numbers of applications in settings to which DoLS applies (i.e. care homes and hospitals) as well as an understanding that there are many in settings to which DoLS do not apply who need authorisation of their circumstances, currently only (in general) achievable by an application to the Court of Protection.  There were other drivers, including the criticism of the legislation itself by the House of Lords in its post-legislative scrutiny report upon the MCA 2005 (summarised here in one of my very first posts on this website), and the Law Commission took it upon itself to look more broadly than simply DoLS when asked to undertake the project to reform the law in this area."

Read the full blog here

Source: Mental Capacity Law and Policy 22nd March 2019

Also of Interest

Liberty Protection Safeguards: Implementation of the 2018 Mental Capacity (Amendment) Bill
Wednesday 22 May 
The Studio Conference Centre, Birmingham

Adult Safeguarding Summit 2019: Improving Adult Safeguarding Practice, Decision Making, User Involvement & Outcomes
Monday 10 June 
De Vere West One Conference Centre, London

Reducing and Improving the Use of Restrictive Interventions & Practice
Friday 14 June 
De Vere West One Conference Centre, London

Masterclass: Deprivation of Liberty Safeguards
Thursday 4 July 
De Vere West One Conference Centre, London


27 March 2019


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