0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

goodbye DoLS and Hello LPS - what you need to know about the Liberty Protection Safeguards

29 May 2019

Health lawyer, Ben Troke, provides you with an update on the new system which will replace DoLS.

Ben discusses the key changes under the Liberty Protection Safeguards including the extension of the scheme to all settings, and to include 16 and 17 year olds and the expansion of the role of authorising a DoL which will be shared by local authorities with NHS hospital trusts and CCGs for some cases.

Managers of care homes will also have a new and increased role in making the assessment for an authorisation of a deprivation of liberty.

More controversially, perhaps, Ben discusses the dilution of the scrutiny that is being made available to the individual being deprived of their liberty, and the more limited role of the new Approved Mental Capacity Professional.

Watch the full update from Ben to hear more around the process and timescale for implementation of the Liberty Protection Safeguards and what this means, especially for organisations with new roles and responsibilities such as care homes, NHS trusts and CCGs.

Follow our LinkedIn page for more useful training and resources.

focus on...

Mental Capacity Act – anticipating loss of capacity

Health lawyer, Chris Stark, provides you with an update on the recent case of United Lincolnshire Hospitals NHS Trust v CD [2019] EWCOP 24.


Legal updates

Decision to allow termination of pregnancy overturned by Court of Appeal

P was 22 weeks pregnant and had a moderately severe learning disability and mood disorder. P’s treating NHS Trust brought an application to the Court of Protection to approve the termination of her pregnancy.


CQC and health & care regulatory update - June 2019

Carl-May Smith provides an enforcement and prosecutions update including looking at recent prosecutions of Registered Managers.


Legal updates

Negligent medical treatment not sufficient to engage State responsibility under Article 2 ECHR

The recent judgment of R (on the application of Maguire) v Her Majesty's Senior Coroner for Blackpool and Fylde [2019] EWHC 1232 (Admin), reaffirms that individual acts of medical negligence are not sufficient to engage State responsibility under Article 2 ECHR.


The opinions expressed on this video are provided for the purposes of general interest and information and should not be relied upon. They contain only summaries of aspects of the subject matter at the time of publishing and do not provide comprehensive statements of the law. They do not constitute legal advice and do not provide a substitute for it. So why not talk to us and seek advice that's tailored to you? You can look up one of our experts on this website or call on 0370 270 6000.

mailing list sign up

Select which mailings you would like to receive from us.

Sign up