In May 2019, the Mental Capacity (Amendment) Act became law. The Deprivation of Liberty Safeguards (DoLS) will be replaced with a new scheme known as the Liberty Protection Safeguards (LPS).
The move to the LPS system seeks to protect the liberty of people who do not have the mental capacity to make decisions about their care, and to simplify the Deprivation of Liberty Safeguards (DoLS) system, which currently has a backlog of assessments outstanding.
Skills for Care sits on the national steering group for implementing LPS as well as a training subgroup. Alongside the Social Care Institute for Excellence (SCIE) and the Care Provider Alliance (CPA).
We will be developing resources for the adult social care sector on how the LPS will be implemented and the workforce implications of this.
We know that some employers are already accessing learning and development about the LPS. Any training around the LPS should be linked to the Code of Practice, which is still in development. Our advice is that adult social care employers do not commission training around LPS until the Code of Practice is finalised and made public.
Liberty Protection Safeguards factsheets
These Liberty Protection Safeguards factsheets factsheets from the Government contain useful information about the Liberty Protection Safeguards, including what they are, an overview of the process and information about responsible bodies and roles.
Consultation on an updated Code of Practice
On Thursday 17 March 2022 the Government launched a public consultation on proposed changes to the Mental Capacity Act (MCA) Code of Practice for England and Wales, which includes guidance on the new LPS system.
As part of the consultation, the Government are asking for feedback on a consultation document and a Code of Practice via an online survey.
Get involved with the consultation on the Government website.
The consultation will last for 16 weeks until Thursday 7 July 2022.
Keep up to date with our involvement in the development of the Liberty Protection Safeguards by signing up to our fortnightly enews.