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“The Liberty Protection Safeguards (LPS), which are intended to provide a simpler process that will better implement the safeguards that people need, were set to replace the Deprivation of Liberty Safeguards (DoLS) from October 2020. However, because of the current pressures the pandemic is putting on the health and social care sector, this has been delayed until April 2022 (although some provisions about training and new roles are anticipated to come into force before that date). With providers increasingly looking towards the introduction of the LPS, we found that progress on DoLS varied significantly. In some services, great efforts had been made to improving understanding of LPS prior to its implementation, and to build their confidence in understanding the Mental Capacity Act. However, in other services inspectors noted a reduction in the provision of training for the current DoLS legislation, and lack of drive to improve awareness. Poor understanding of DoLS has remained a fundamental issue throughout its years in legislation. This, together with the delays and uncertainty over the progress of LPS, may mean there is an increasing risk of people being deprived of their liberty without the proper authorisation. Given that DoLS authorisations can last up to a year, it may not be until March 2023 that DoLS is fully behind us. This underlines the importance of continuing to improve the way providers, local authorities and others work together to support the proper use of the DoLS – and to give careful consideration of how the two systems will work alongside each other in the first year of implementing the LPS. The time ahead also provides an opportunity to consider what can be done now within the current DoLS system to ease the transition.”
“During the pandemic, the principles of the MCA and the safeguards provided by the DoLS still apply.”
On 16th July 2020 in a written statement Helen Whately, Minister for Care announced full implementation of the new Liberty Protection Safeguards by April 2022; “LPS will authorise deprivation of liberty in order to provide care or treatment to an individual who lacks capacity to consent to their arrangements, in England and Wales. It will replace a system that many agree is overly bureaucratic and complicated. It is paramount that implementation of LPS is successful so that the new system provides the safeguards needed. The intention to date, subject to the Department for Health and Social Care’s work with stakeholders and delivery partners, was for LPS to come into force on 1 October 2020. It is now clear that successful implementation is not possible by this October. We now aim for full implementation of LPS by April 2022. Some provisions, covering new roles and training, will come into force ahead of that date.” www.parliament.uk
The LPS establishes a process for authorising arrangements enabling care or treatment which give rise to a deprivation of liberty within the meaning of Article 5(1) of the European Convention on Human Rights (ECHR), where the person lacks capacity to consent to the arrangements. It also provides for safeguards to be delivered to people subject to the scheme.
This conference will update delegates on both the implications of the new Act and the implementation of the Liberty Protection Safeguards in your service, and current issues with managing Deprivation of Liberty Safeguards during and beyond Covid-19.
Why attend?
This conference will enable you to:
- Network with colleagues who are working to move from DoLS to Liberty Protection Safeguards
- Understand the implications and challenges of the current DoLS system during the Covid-19 pandemic and beyond
- Reflect on national developments and understand the implications of the Mental Capacity (Amendment) Act 2019
- Improve the way you manage Deprivation of Liberty Safeguards in the interim
- Explore the context of the new LPS Code of Practice
- Understand the implications for
- Independent care organisations including care homes, hospices and independent hospitals
- 16-17 years olds under the new system, the previous system started at 18, the new system starts at age 16
- NHS organisations
- Social care
- Ensure you are up to date with the legal and practical implications of the new system will be and the preparation you will need
- Reflect on how you can consider restrictions of people’s liberties as part of their overall care package
- 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
- Self assess and reflect on your own practice
- Gain CPD accreditation points contributing to professional development and revalidation evidence
