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.
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.
The new Safeguards will apply to people aged 16 and above who are or who need to be deprived of their liberty in order to enable their care or treatment and who lack the mental capacity to consent to their arrangements.
The LPS were originally due to be implemented in October 2020. This was put back to April 2022 due to the pandemic. The government have since announced a further delay and we are awaiting confirmation of the final commencement date.
It is our understanding that the LPS will likely be implemented in October 2023, or 2024.
The Draft Code of Practice and accompanying Regulations providing a lot more of the detail have now been published for consultation and so we are a step closer to the new framework being introduced. All health and social care staff will be required to comply with the new Code of Practice and be familiar with its provisions.
The consultation to the proposals, giving you an opportunity to engage and shape the new LPS process, closes on 14 July 2022.
Browne Jacobson’s specialist Advisory and Court of Protection team can support you in understanding and implementing the key changes. We will be putting together a response to the consultation and are speaking to our clients to seek their views on some of the key proposals.
Acting for local authorities, NHS bodies, and independent sector providers, our experienced healthcare solicitors have been at the forefront of policy and practice in the Court of Protection since it was established.
We are the leading healthcare law firm in the country working with health and social care providers and commissioners in the Court of Protection.
We are ranked as leaders in Chambers and Partners guide to the legal profession, so you can rest assured that you are in the best hands when you work with us.
Amid increasing scrutiny from the CQC, the media, and the public, the Court of Protection has never been busier, and it is more important than ever to ensure the Mental Capacity Act is understood and implemented in your organisation. We know from CQC inspections that a strong result on MCA and Deprivation of Liberty is very closely correlated to a good overall outcomes for patients.
As well as providing a response to the consultation we can assist with the following:
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NHS England has published (October 2022) new guidance - Assuring and supporting complex change: Statutory transactions, including mergers and acquisitions.
NHS England has issued an updated (publication 11 October 2022) suite of Complex Change guidance about how it will assure and support proposals for complex change that are reportable to it. New and (where it is still in force) existing Complex Change guidance are as follows.
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On 7 July this year, NHS England published its statutory guidance for Integrated Care Boards (ICBs) and with it set out the ICBs’ role and responsibilities and how they should collaborate, interact and carry out their anti-fraud, bribery and corruption functions in concert with NHS England.
The Chancellor’s recent mini-budget provided a significant announcement for business as it was confirmed that the off-payroll working rules (known as “IR35”) put in place for public and private sector businesses from 2017 and 2021 will be scrapped from April 2023.
This case provides a reminder to contracting authorities that whilst the bar for an award of damages in procurement cases is high, following the Supreme Court ruling in Energy Solutions EU Ltd v Nuclear Decommissioning Authority [2017] 1 WLR 1373, it is not insurmountable when a contracting authority has acted with disregard to the Public Contracts Regulations 2015 (PCRs). There is also further guidance as to the use of frameworks
Welcome to our August edition of Public Matters, our monthly round-up of legal updates, news and insights for the public sector.
Deprivation of Liberty Safeguards was due to transition to Liberty Protection Safeguards in October 2020 but delayed due to the pandemic. While the public consultation has now closed and we’re still unclear of what the final legislation and code will look like, it’s worth noting and keeping a watching brief.
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This will be the first in a series of webinars looking into different areas of care and will focus on elderly care. Our speakers will be looking forward into 2023 and beyond to consider how elderly care may change in the future and will share insights gathered from a round table event held the week before.
As of 21 July, two separate pieces of legislation came into force which seeks to mitigate against strike action. It should come as no surprise that this is a direct response to the rail strikes, which have dominated the news in the last couple of months.
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The much-anticipated draft Mental Capacity Act Code of Practice and Regulations, including the Liberty Protection Safeguards (“LPS”), has arrived.
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.
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.
HSIB published its report on Maternal deaths during the first wave of COVID-19. The report takes a closer look at the impact that COVID-19 had during the initial period of March to May 2020.
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