The Department of Health has released new factsheets about the Liberty Protection Safeguards (LPS) system which will replace the Deprivation of Liberty Safeguards (DoLS) from April 2022. LPS is being introduced as an amendment on the current Mental Capacity act 2005.
The Liberty Protection Safeguards will provide protection for people aged 16 and above who are or who need to be deprived of their liberty in order to enable their care or treatment and lack the mental capacity to consent to their arrangements. People who might have a Liberty Protection Safeguards authorisation include those with dementia, autism and learning disabilities who lack the relevant capacity
There are 6 key areas that have been changed with the introduction of Liberty Protection Safeguards:
1. There needs to be three assessments as the basis of the authorisation of Liberty Protection Safeguards:
- a capacity assessment
- a medical assessment
- a necessary and proportionate assessment
2. Families have greater involvement
A family member or an individual close to the person can now represent that person. Furthermore a family member can raise any concerns they might have throughout the whole process.
3. Targeted approach
When there is reason to believe that a person would prefer not to reside or receive care or treatment at the specific location, or when the arrangements call for the person to receive care or treatment primarily in an independent hospital, the case must be reviewed by an approved mental capacity professional (AMCP).
4. Extending the scheme to and 16 and 17-year-olds
If a 16 or 17-year-old currently needs to be deprived of their liberty it must go through the Court of Protection. With the introduction of Liberty Protection Safeguards arrangements can be made without the need of a Court order.
5. Extending the scheme to domestic settings
As compared to Deprivation of Liberty Safeguards (DoLS) with Liberty Protection Safeguards (LPS) those living in a domestic setting such as family homes, shared lives and supported living can be deprived of their liberty.
6. Clinical commissioning groups (CCGs), NHS trusts and local health boards as Responsible Bodies
With the Liberty Protection Safeguards a new role for Clinical commissioning groups (CCGs) along with NHS trusts has been created for authorising arrangements. In NHS hospitals the responsible body would be the hospital manager.
Find out more on the Department of Health website www.gov.uk/government/publications/liberty-protection-safeguards-factsheets