0370 270 6000

The Liberty Protection Safeguards

4 February 2022
The Liberty Protection Safeguards (LPS) will be used to authorise the proportionate and necessary deprivation of liberty for people aged 16 and above who lack the mental capacity to consent to their care arrangements. The current Deprivation of Liberty Safeguards (DoLS) only apply to those aged 18 or over. The LPS will apply to individuals residing in domestic settings, which includes the person’s own home/family home, shared lives and supported living.

However, the already delayed LPS implementation date (April 2022) has now been pushed back further and a lot will need to happen before the DoLS are replaced. Watch out for the consultation on the draft Code of Practice and the draft Regulations, but in the meantime, take a look at the Human Rights Bill consultation commentary on Cheshire West at paras 159/160.

The aim of the LPS is to spread responsibility across hospitals, CCGs and social care, in order to share the administrative burden, whilst also building the LPS process into the care planning process itself. There are proposals to use similar but simplified assessments to the current system, but with independent authorisation by an Approved Mental Capacity Practitioner largely limited to those cases where P objects to the arrangements. The LPS will allow for portability and variability so that, where appropriate, the authorisation will follow the person, rather than being specific to their current location.

For further information, see the Department of Health and Social Care fact sheets here or our more detailed previous summary here

Training and events

6Jul

ICS Forum webinar series: What’s new for ICSs? Microsoft Teams

Presented by Gerard Hanratty, this webinar will look into the key new functions for Integrated Care Systems under the new Health & Care Act 2022. It will be a useful update on what is new, how it may be interpreted and what issues may arise.

View event

13Jul

ICS Forum webinar series: New rules for service reconfiguration Microsoft Teams

Chaired by Sir Neil McKay, this 1 hour webinar, presented by Gerard Hanratty will look at the Secretary of State’s new powers under the Health & Care Act 2022 over service reconfiguration and how that will impact on the current approach. The session will look at working with your local authority and the NHS England assurance process.

View event

Focus on...

Legal updates

Shared Insights: Coroners' Question Time

In this session, our speakers discussed fundamentals of disclosure, general points on disclosure & Post-Pandemic, interested Persons & Patient Safety Incident Response, and how we can help & Takeaway Tips.

View

LPS its out what do you need to know part 3

The much-anticipated draft Mental Capacity Act Code of Practice and Regulations, including the Liberty Protection Safeguards (“LPS”), has arrived.

View

Legal updates

The Liberty Protection Safeguards – how can we help?

The Liberty Protection Safeguards (LPS) were introduced in the Mental Capacity (Amendment) Act 2019 and will replace the Deprivation of Liberty Safeguards (DoLS) system. The LPS framework aims to deliver improved outcomes for people who are or who need to be deprived of their liberty.

View

Legal updates

Health & Care Matters newsletter - June 2022

Welcome to our latest health newsletter for Summer 2022. We have a packed edition which includes fascinating insights from clients and our own lawyers into the potential impact of the Health and Care Act 2022 and associated DHSC integration policy.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up