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The Department of Health and Social Care announced on the 5th April 2023 that the implementation of the Liberty Protection Safeguards will be delayed until at least the next general election (anticipated to be in Autumn 2024).
With the delay to the Liberty Protection Safeguards it is more important than ever to ensure the existing scheme of Deprivation of Liberty Safeguards (DoLS) works, that providers understand the application of Deprivation of Liberty Safeguards and interaction with the Mental Capacity Act. It has been widely recognised that there are number of challenges associated with the current DoLS system, particularly in light of the increases in the number of DoLS applications – which have been seen across England and Wales. In light of the UK Government decision, we will need to consider how we strengthen the current DoLS system in order to continue to protect and promote the human rights of those people who lack mental capacity.
The Government has taken the difficult decision to delay the implementation of the Liberty Protection Safeguards beyond the life of this Parliament…We recognise that this delay will be disappointing news for the people and organisations who have worked closely with us on the development of the LPS since the Mental Capacity (Amendment) Act was introduced in 2019…In the meantime, the Deprivation of Liberty Safeguards remain an important system for authorising deprivations of liberty, and it is vital that health and social care providers continue to make applications in line with the Mental Capacity Act 2005 to ensure that the rights of those who may lack the relevant capacity are protectedThe Government has taken the difficult decision to delay the implementation of the Liberty Protection Safeguards beyond the life of this Parliament…We recognise that this delay will be disappointing news for the people and organisations who have worked closely with us on the development of the LPS since the Mental Capacity (Amendment) Act was introduced in 2019…In the meantime, the Deprivation of Liberty Safeguards remain an important system for authorising deprivations of liberty, and it is vital that health and social care providers continue to make applications in line with the Mental Capacity Act 2005 to ensure that the rights of those who may lack the relevant capacity are protected.
The introduction of LPS was designed to address many of the challenges arising from the DoLS process. …BASW is disappointed to learn that the UK Government has decided to delay the introduction of the Liberty Protection Safeguards (LPS)… It is not currently clear what this means for the publication of the revised Mental Capacity Act (MCA) Code of Practice, which integrated chapters on the new LPS… As the sector will be continuing to use Deprivation of Liberty Safeguards (DoLS) for the immediate future, BASW is calling upon the DHSC to listen to the sector and make improvements to the current scheme, based on the changes that would have been introduced with the LPS.
This conference will enable you to:
- Reflect on the delay to the Liberty Protection Safeguards and implications for practice
- Understand and improve the existing Deprivation of Liberty Safeguards
- Identify when the DoLS process should be triggered
- Improve the understanding and application of DoLS
- Understand the implications for your service
- Ensure you are up to date with the legal and practical implications
- Reflect on how you can consider restrictions of people’s liberties as part of their overall care package
- Learn from case studies in DoLS application
- Understand Mental Capacity and Best Interest Assessment
- Self assess and reflect on your own practice
- Supports CPD professional development and acts as revalidation evidence. This course provides 5 Hrs training for CPD subject to peer group approval for revalidation purposes
