News and presentations from today's conference looking at the Deprivation of Liberty Safeguards: Moving Forward. Chaired by Mr Ben Troke, Partner, Hill Dickinson LLP
Following the delay with the introduction of the Liberty Protection Safeguards there is a need to; "concentrate on building on the existing processes and strengthen the MCA and DoLS i.e. getting it right" (Betsey Lau-Robinson MBE, Head of Safeguarding & The Mental Capacity Act, University College London Hospitals, NHS Trust Member, National Mental Capacity Forum.)
Barrister, Serjeants’ Inn Chambers
The LPS delay – what does it mean and what is the way forward?
• the delay of LPS beyond the life of this Parliament
• applying LPS thinking to DoLS
• the refocus on DoLS and community deprivation of liberty
Jake opened the conference by introducing the Liberty Protection Safeguards and differences between them and the Deprivation of Liberty Safeguards. He then gave an update on implementation, saying that it is still unknown when LPS will proceed. Both the Minsiter of State for Social Care and DHSC have have said there will be a response to the consultation on the MCA code with the revised code published in due course, that will come first.
Jake said DoLS will remain in force and we must continue to apply it in care homes and hospitals, and for those outside of care home and hospital care through the Court of Protection. He said moving forward we should referesh our core knowledge on MCA and DoLS (there will be a transition period) and further develop knowledge of the principles of case law.
Director, Mental Capacity Cat Limited; and Locum Adult Social Care and Health Solicitor, Mental Capacity Cat Limited
EXTENDED SESSION: Liberty Protection Safeguards Ensuring effective use and compliance with the Mental Capacity (Amendment) Act 2019
• ensuring good practice in the interim
• practical implications of the Mental Capacity (Amendment) Act 2019
• mental capacity and DoLs during Covid-19: current issues
• ensuring compliance with DoL authorisations in the run up to implementation
• implications for responsible bodies and preparing for LPS
• challenges, grey areas and difficult issues in practice
• the impact of LPS on number of cases and workload
• issues for the transition period
Deprivation of Liberty Safeguards: Moving Forward
WED, 17 JAN 2024 Virtual, Online