LPS - it's out - what do you need to know? Part 2: the most significant changes
This on-demand session considers some of the most significant changes to the Code.
The much anticipated draft Mental Capacity Act Code of Practice and Regulations, including the Liberty Protection Safeguards (“LPS”), has arrived.
On 24 May we discussed the key proposed changes to the draft Code of Practice and Regulations.
This session will consider some of the most significant changes to the Code, including:
- the “flipping”/changing the order of the capacity test
- further guidance on decisions relating to individuals with fluctuating capacity
- additional guidance about when care arrangements will not amount to a deprivation of liberty, and when cases should be referred to the Court of Protection.
The session also provided some insight on the draft Regulations, which will underpin the new LPS system. Rebecca Fitzpatrick (Partner and Head of the National Advisory and Inquests team) hosted the session alongside Julia Catherall (Senior Associate, Manchester).
Speakers
Julia Catherall
Principal Associate
Julia is a senior associate based in Manchester, specialising in mental capacity, mental health and social care. She offers national support on a wide range of healthcare matters.
julia.catherall@brownejacobson.com
+44 (0)330 045 2729
Rebecca Fitzpatrick
Partner
Specialises in all aspects of mental health and general healthcare law. Vast majority of practice that leads to court involvement is in the Court of Protection (mental capacity issues), the High Court (complex treatment cases, eg involving children), the Administrative Court (judicial review, human rights and community care issues) and the Coroner’s Court.
rebecca.fitzpatrick@brownejacobson.com
+44 (0)330 045 2131
Related expertise
You may be interested in...
In Person Event
Medical negligence and report writing foundation course: Autumn 2025
On-Demand
Legal principles of workforce change management in the NHS and the people dimension
Legal Update
Merton-compliant age assessments: Social worker guidance
Press Release
Browne Jacobson report sets out how care sector can future-proof workforce as visa changes restrict
Legal Update
Workforce strategies for care providers: Future of Care roundtable report
Opinion
Birth Trauma Awareness Week 2025
Guide
Resident doctors vote to strike: Key legal considerations for the NHS
Legal Update
The Assisted Dying Bill: What health and social care professionals need to know
In Person Event
Private Patient Units: expanding through partnership – views from private sector providers
Legal Update
What does the 10-year health plan mean for social care?
On-Demand - Care Focus webinar series
Care Focus: Critical incident - Reflection
Legal Update
The Government’s 10-Year Health Plan: What’s in it for mental health?
In Person Event
Mock Employment Tribunal
Guide
Inquests: How wide should the scope be? The coroner’s decision
Legal Update - Employment Rights Bill
The Employment Rights Bill: Is it here yet?
Legal Update
Building sustainable NHS-private sector partnerships: Expanding private patient units and beyond
Legal Update
NHS private patient units: Expanding via partnerships and key considerations
Legal Update
Top 10 considerations when expanding an NHS private patient unit
Legal Update
How to expand an NHS private patient unit: Practical guidance
Press Release
10-year health plan: Reaction from Browne Jacobson's health and life sciences team
Legal Update
June 2025: A busy month for kinship care
Legal Update - Mindful insights
Mindful insights: June 2025
Opinion
Pride Month: A time to review DEI
Guide
Legal project management: A cornerstone in operational delivery of inquiries
Opinion
National maternity investigation launched: Enhancing care and addressing inequalities
Legal Update
Analysis: National audit on group-based child sexual exploitation and abuse (June 2025)
Opinion
Employer redundancy guide: Sourcing alternative employment
Press Release - Firm news
Browne Jacobson delivers record-breaking growth as strategic vision drives exceptional performance
Legal Update
What might the public inquiry on child sexual exploitation look like
On-Demand - Shared Insights
Shared Insights safeguarding forum: Focus on self-neglect
Press Release
Spending Review 2025: Browne Jacobson lawyers respond to Chancellor’s announcement
Legal Update
PPU roundtable 2: Advancing private patient units
Legal Update
Trans matters in health for trusts and acute settings: The decision in For Women Scotland
Legal Update
ESG and sustainability report: Rethinking communication and credibility
Press Release
Majority of UK organisations remain committed to sustainability and ESG, says new research
Legal Update
Producing robust capacity assessments and the approaches to assessing capacity
On-Demand - Care Focus webinar series
Care Focus: Critical incidents and managing risks
Video
Investigations and inquiries into child sexual exploitation and grooming
Legal Update
Can those with a probate claim access a deceased patient’s records?
