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Moving from Deprivation of Liberty Safeguards to Liberty Protection Safeguards


Chair's Welcome and Introduction: Towards Liberty Protection Safeguards

Alex Ruck Keene
Barrister & Consultant
Mental Capacity and Deprivation of Liberty Project, The Law Commission


The Mental Capacity (Amendment) Act 2019

Tim Spencer Lane
Mental Capacity Lawyer; and Senior Lecturer
Kingston University

• overview of the new LPS scheme
• the 3 assessments (capacity, medical and necessary & proportionate) – what do they involve and who can carry them out?
• Who is the responsible body? Allowing the NHS and local authorities to give authorisations
• the pre-authorisation review – the new AMCP role
• the key safeguards – rights to IMCAs/the appropriate and the new role for the Court of Protection
• moving from DoLS to Liberty Protection Safeguards – next steps and transitional arrangements


Monitoring & Inspection of LPS and DoLS during transition

Hayley Moore
Interim Head of Inspection
Care Quality Commission

• key issues for the transition period
• monitoring adherence: now and in the future
• the role of the Care Quality Commission


Hayley introduced herself and explained that the CQC are "The independent regulator of health & adult social care in England"

Hayley explained that "At the start of the pandemic there was a sharp fall in notification from adult social care services" "Providers had so much to contend with and it was changing on a day to day basis"

Looking forward Hayley said "We are waiting for the regulations and codes of practice and will set out the details of how monitoring bodies will discharge the statutory LPS functions" 



EXTENDED SESSION: Liberty Protection Safeguards Ensuring effective use and compliance with the Mental Capacity (Amendment) Act 2019

Alex Ruck Keene
Barrister & Consultant
Mental Capacity and Deprivation of Liberty Project The Law Commission

• practical implications of the Mental Capacity (Amendment) Act 2019
• mental capacity and DoLs during Covid-19: current issues
• ensuring compliance
• implications for current and future cases
• challenges, grey areas and difficult issues in practice
• the impact of LPS on number of cases and workload
• issues for the transition period
• implementation planning and the new Code of Practice

Alex ran through a number of cases with examples of mental capacity and DOLs.

Regarding DOLs Alex said "I'm amazed how this was kept going through the pandemic - This is an astonishing effort"

Alex said "one of the most interesting things about LPS is that it's very good audit practice" 

Alex concluded his talk by sending the delegates into small break out rooms and consider and discuss "What is the biggest opportunity that LPS poses?"


Liberty Protection Safeguards: Under 18’s

Louise Wilson
Legal Director
Hill Dickinson Solicitors

• DoLS was 18+, LPS is 16+
• 16-17 year olds under LPS: implications for practice and understanding who will need LPS authorisation
• examples of challenges and current issues
• implications for child and adolescent mental health services and learning disability services
• moving forward


Implications for the NHS - Liberty Protection Safeguards in the acute care setting

Betsey Lau-Robinson
Head of Safeguarding & The Mental Capacity Act
University College London Hospitals
NHS Trust Member, National Mental Capacity Forum

• our experience in managing hospital based authorisations (DOLS)
• case studies on clinical decision making for care & treatment
• challenges around hospital discharge planning & the MCA
• implications of the LPS for acute hospitals
• LPS Implementation plans and managing the transition


Keeping the Person at the Heart of LPS

Rachel Griffiths MBE
Mental Capacity Act and Human Rights

• we know from DoLS how the person can vanish behind the process
• how can we make their wishes and feelings central to decision-making?
• how can we know if we’re getting it right for the person, and are there proxies we can look for?


The interaction between DOLS/LPS and the Mental Health Act Case Study

Julie Carr
Clinical Legislation Manager
South West Yorkshire Partnership NHS Trust
Decision-making and Mental Capacity Specialist Committee Member

• mental capacity and best interests
• case studies in practice
• managing the transition from DoLS to LPS

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