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Find out more about virtual attendance
On 16th July 2020 in a written statement Helen Whately, Minister for Care announced full implementation of the new Liberty Protection Safeguards by April 2022;
"LPS will authorise deprivation of liberty in order to provide care or treatment to an individual who lacks capacity to consent to their arrangements, in England and Wales. It will replace a system that many agree is overly bureaucratic and complicated. It is paramount that implementation of LPS is successful so that the new system provides the safeguards needed. The intention to date, subject to the Department for Health and Social Care’s work with stakeholders and delivery partners, was for LPS to come into force on 1 October 2020. It is now clear that successful implementation is not possible by this October. We now aim for full implementation of LPS by April 2022. Some provisions, covering new roles and training, will come into force ahead of that date."
Our forthcoming CPD certified conference Liberty Protection Safeguards is taking place on Monday 19th October 2020 as a virtual conference. Chaired by Jake Rylatt, Barrister, this conference will update you on the implications of the new Mental Capacity (Amendment) Act and preparing for the implementation of the Liberty Protection Safeguards in your service.
The LPS establishes a process for authorising arrangements enabling care or treatment which give rise to a deprivation of liberty within the meaning of Article 5(1) of the European Convention on Human Rights (ECHR), where the person lacks capacity to consent to the arrangements. It also provides for safeguards to be delivered to people subject to the scheme.
“In its report on reforming the Deprivation of Liberty Safeguards (DoLS), the Law Commission estimated (and it was undoubtedly an underestimate) that some 53,000 people were deprived of their liberty outside hospitals and care homes in 2017. According to Court of Protection Data, the requisite steps to obtain authorisation from the Court of Protection was taken in a very small proportion of those cases, with an average of just under 200 a month being made in 2017 (ie a total of just over 2,300 for the year).”
Alex Ruck Keene, barrister at 39 Essex Chambers speaking to Community Care September 2018
This virtual conference will update delegates on the implications of the new Act and the implementation of the Liberty Protection Safeguards in your service.
The conference includes a choice of streams in the afternoon focusing on:
Stream A - Independent Healthcare including Care Homes and Hospices
LPS: implications and practicalities for independent care organisations
- What we know and what we don’t know
- Preparing for the changes
- Practical advice and moving forward
- Interactive discussion
Stream B - Implications for the NHS LPS in the Acute Care Setting
Facilitator: Betsey Lau-Robinson
Head of Safeguarding, MCA & Prevent, University College London Hospitals NHS, Foundation Trust & Member, National Mental Capacity Forum
- The current system, how it has functioned, and how we could in principle deal with a hospital based authorisation process
- Examples of clinical decisions
- Issues around hospital discharge
- The Responsible Body – acute hospitals
Stream C - Social Care Assessments and Authorisations
- Liberty Protection Safeguards: What the future may hold for Local Authorities
- Implications for current Supervisory Bodies and Assessors
- Practical, professional and procedural Issues
- Preparing for future – Getting it right now and managing the transition
This conference will enable you to:
- Network with colleagues who are working to move from DoLS to Liberty Protection Safeguards
- Reflect on national developments and understand the implications of the to Mental Capacity (Amendment) Act 2019
- Improve the way you manage Deprivation of Liberty Safeguards in the interim
- Explore the context of the new LPS Code of Practice
- Understand the implications for
- Independent care organisations including care homes, hospices and independent hospitals
- 16-17 years olds under the new system, the previous system started at 18, the new system starts at age 16
- NHS organisations
- Social care - Ensure you are up to date with the legal and practical implications of the new system will be and the preparation you will need to do
- Reflect on how you can consider restrictions of people’s liberties as part of their overall care package
- Identify key strategies for improving process and practice with regard to assessments and authorisations
- Ensure you are up to date with the implications for your service
- Self assess and reflect on your own practice
- Gain cpd accreditation points contributing to professional development and revalidation evidence
