Liberty Protection Safeguards
Under the Mental Capacity (Amendment) Act 2019, Liberty Protection Safeguards will become the new legal framework for authorising a deprivation of liberty for those who lack capacity to consent to their care arrangements.
The UK Government has announced LPS will to be delayed beyond the life of this parliament. This means any decision in relation to LPS implementation will be taken by the next parliament. which is likely to be 2025 at the earliest.
Until then, the Deprivation of Liberty Safeguards (DoLs) framework remains the legal framework, which protects people who cannot consent to care arrangements where those arrangements deprive them of their liberty.
What are the main changes?
LPS will introduce a new process for authorising deprivation of liberty and will apply in different settings, including hospitals, care homes, supported accommodation, domestic homes and educational establishments.
LPS will be portable, subject to certain reviews.
Hospital or social care staff will complete assessments and forward them to another identified professional not connected with the person care, who will then authorise the deprivation of liberty.
LPS will apply to anyone 16+ who meet the qualifying criteria
Referrals can be made to an Approved Mental Capacity Professional (AMCP).
You can find out more about Liberty Protection Safeguards via the UK Government website or you can speak to your social worker or health professional.
Here you will find a link to the English and Welsh consultation
The UK and Welsh Governments Easy reads and videos can be found below
Or listen to our Podcast produced by Torfaen Voluntary Alliance
Last Modified: 21/04/2023
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