Government consults on Liberty Protection Safeguards
By Gemma Raw
An open consultation has been launched on changes to the Mental Capacity Act Code of Practice and implementation of the Liberty Protection Safeguards. The joint consultation was published by the Department of Health and Social Care (DHSC) and the Ministry of Justice (MoJ) on 17 March and closes on 7 July. As well as seeking views on the proposed changes to the Mental Capacity Act 2005, which includes guidance on the new Liberty Protection Safeguards (LPS), the government is also asking for feedback on six sets of draft LPS regulations, which will underpin the new system.
What are the Liberty Protection Safeguards?
Introduced in the Mental Capacity (Amendment) Act 2019, the LPS will replace the Deprivation of Liberty Safeguards (DoLS) system. The LPS will provide protection for people aged 16 and over who already 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 such arrangements. This may include people with dementia, autism and learning disabilities.
Designed to be more streamlined than DoLS, the new system will put the person at the centre of the decision-making process. There will be an explicit duty to consult with them, and those interested in their welfare, to establish their wishes and feelings about proposed arrangements. An 'Appropriate Person' or an Independent Mental Capacity Advocate (IMCA) will provide representation and support for the person during the LPS process and throughout the duration of any authorisation given.
Delayed implementation
The new LPS system was originally intended to come into effect in October 2020. However, in a written statement issued in July 2020, Minister for Care Helen Whateley confirmed that implementation would be delayed until 2022. The British Association of Social Workers (BASW) welcomed the delay and the announcement of the 12-week consultation period on the draft regulations and Code of Practice for the LPS, recognising that the new system would be a 'substantial change in law and practice for some parts of the social care and social work workforce'.
Support for those working in social care
Because many social workers and other social care professionals are key stakeholders in the implementation of the LPS, it's important that they have access to support and guidance to prepare and embed the new system into everyday practice.
To support social workers in implementing the LPS, the Social Care Institute for Excellence (SCIE) has produced a video entitled Liberty Protection Safeguards - Looking Forwards. It aims to encourage those in social work roles to consider how LPS will help promote practice which aligns with human rights and the core principles and duties of the Care Act 2014.
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