The full implementation of the Liberty Protection Safeguards (the LPS) has been delayed until April 2022 after the government accepted that its planned October 2020 go-live date was not possible.

The care minister Helen Whately said the delay would allow time to consult on how the LPS will be implemented and give councils, care providers and NHS organisations the time to prepare for it coming into force. She also said she had received representations from social care and health bodies about the difficulties they would face in implementing LPS in October in the light of the impact of Covid-19.

The government will firstly publish a draft code of practice and regulations for implementing the LPS, which Whately said would be subject to a 12-week consultation.

Following the response to the consultation, the final code and regulations will need to be laid before Parliament for scrutiny and approval. Whately said that the sector would then be given six months from the time of the publication of the final code of practice to prepare for implementation. Her full statement can be found here.

The LPS will provide legal authorisation for depriving people in England and Wales of their liberty for the purposes of health or social care services, where the person lacks capacity to consent to their confinement. It will replace the Deprivation of Liberty Safeguards (DoLS), in relation to cases involving care homes or hospitals, and the authorisation of deprivations in other settings by the Court of Protection. Community Care Inform Adults users can find out more about the LPS here.

 

If you require any guidance or assistance please do not hesitate to contact our specialist mental health team on 01282 422711 or mental.health@southernslaw.co.uk