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Sep 19

Skills for Care statement about the Liberty Protection Safeguards

Posted on Monday 30th September 2019

In May 2019, the Mental Capacity (Amendment) Act became law. It replaces the Deprivation of Liberty Safeguards (DoLS) with a new scheme known as the Liberty Protection Safeguards (LPS). The new law seeks to protect the liberty of people who do not have the mental capacity to make decisions about their care, and to simplify the DoLS system, which currently has a backlog of assessments outstanding.

There’s a national group working to develop a Code of Practice that will explain how the LPS will work and offering examples of best practice. The target date for completion of this work is June 2020.

Any training around the LPS should be linked to the Code of Practice, which is still in development. This means that any training delivered before the Code has been finalised and made public, may not meet the required standards.

Skills for Care is involved in the development of the Code, which includes the implications of the changes for the workforce. We’re currently developing a programme of support for adult social care employers, to support the implementation of the Code when it’s published in 2020. This will include learning resources and workforce guidance.

Following feedback from employers that have come to us for guidance, our advice is that adult social care employers do not commission training around LPS until the Code of Practice is finalised and made public.

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