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The Department of Health and Social Care announced on the 5th April 2023 that the implementation of the Liberty Protection Safeguards will be delayed until at least the next general election (anticipated to be in Autumn 2024).
“The Government has taken the difficult decision to delay the implementation of the Liberty Protection Safeguards beyond the life of this Parliament…We recognise that this delay will be disappointing news for the people and organisations who have worked closely with us on the development of the LPS since the Mental Capacity (Amendment) Act was introduced in 2019…In the meantime, the Deprivation of Liberty Safeguards remain an important system for authorising deprivations of liberty, and it is vital that health and social care providers continue to make applications in line with the Mental Capacity Act 2005 to ensure that the rights of those who may lack the relevant capacity are protected.”
UK Government April 2023
With the delay to the Liberty Protection Safeguards it is more important than ever to ensure the existing scheme of Deprivation of Liberty Safeguards (DoLS) works, that providers understand the application of Deprivation of Liberty Safeguards and interaction with the Mental Capacity Act. It has been widely recognised that there are number of challenges associated with the current DoLS system, particularly in light of the increases in the number of DoLS applications – which have been seen across England and Wales. In light of the UK Government decision, we will need to consider how we strengthen the current DoLS system in order to continue to protect and promote the human rights of those people who lack mental capacity.
“There are ongoing problems with the current Deprivation of Liberty Safeguards system that have left many people who are in vulnerable circumstances without legal protection for extended periods. In 2022/23, the number of applications to deprive a person of their liberty increased to over 300,000, with only 19% of standard applications completed within the statutory 21-day timeframe. Delays in implementing the Liberty Protection Safeguards mean these challenges are likely to continue.”
Care Quality Commission The state of health care and adult social care in England 2022/23 October 2023
This conference will enable you to:
Reflect on the delay to the Liberty Protection Safeguards and implications for practice
Understand and improve the existing Deprivation of Liberty Safeguards
Identify when the DoLS process should be triggered
Improve the understanding and application of DoLS
Understand the implications for your service
Ensure you are up to date with the legal and practical implications
Reflect on how you can consider restrictions of people’s liberties as part of their overall care package
Learn from case studies in DoLS application
Understand Mental Capacity and Best Interest Assessment
Self assess and reflect on your own practice
Supports CPD professional development and acts as revalidation evidence. This course provides 5 Hrs training for CPD subject to peer group approval for revalidation purposes