Liberty Protection Safeguards (LPS)
The Liberty Protection Safeguards (LPS) were introduced in the Mental Capacity (Amendment) Act 2019. LPS will replace the Deprivation of Liberty Safeguards (DoLS) system that is currently in place for adults (18+) who are assessed to lack capacity to consent to their care and treatment in registered care settings.
LPS legislation will have a wider remit than the current DoLS system, in that it will:
- apply to any setting
- include 16 and 17 year olds who meet the criteria.
A code of practice is in development and is expected to be published in late spring 2020, with an initial launch date of 1 October 2020 for LPS. Until the code of practice is published and further guidance is issued, procedures will remain the same.
In Kent, LPS transition and implementation is being managed as a project by the Portfolio and Project Management Office. A project steering group has been set up with representation from all areas of our business affected by the legislative changes. This will provide strategic guidance and assurance for the LPS project and ensure it is implemented on time.
Communication with internal and external stakeholders is ongoing, with the Local Multi Agency Network (LMAN) providing the main platform to share ideas and good practice with nominated lead officers across community and acute health trusts, Clinical Commissioning Groups and representatives from the provider market. Regular bulletin updates on the LPS project are provided in the Kent and Medway Adult Safeguarding Board bulletins and the Design and Learning Centre newsletters.
We have a rolling programme of MCA and Best Interest Assessor training, pending the publication of the Code of Practice in Spring 2020.
- Social Care Institute for Excellence (SCIE) Liberty Protection Safeguards
- Social Care Institute for Excellence (SCIE) Mental Capacity Act
- Association of Directors of Adult Social Services (ADASS) Deprivation of Liberty Safeguards
- Gov.uk deprivation of Liberty Safeguards (DoLS) resources
- Mental Capacity Amendment Act 2019 legislation