In May 2019, a new UK law was passed to amend the Mental Capacity Act. The law will see the Deprivation of Liberty Safeguards (DoLS) replaced by a scheme known as the Liberty Protection Safeguards (LPS).
Following delays caused by the pandemic, the new scheme is due to come into effect in April 2022. This means one year from now, there will be a number of changes to the way our Advocacy team works. From 1 April 2022, referrals that we would have previously received in relation to DoLS, will be subject to the new LPS statute.
In this post we outline the main changes and explain how our Advocacy team is preparing.
What is LPS and who does it affect?
The Liberty Protection Safeguards will improve outcomes for people who are or who need to be deprived of their liberty. The new legislation applies to individuals with dementia, autism, learning disabilities and other conditions who lack the relevant capacity to make decisions about their health and wellbeing.
Who needs to know about LPS?
Care home managers, social workers, practitioners, and anyone who carries out mental health and mental capacity assessments across Wigan Borough need to be aware of the changes.
Why is DoLS changing to LPS?
The reach and scope of DoLS is acknowledged to be fairly limited. LPS will extend the scope to accommodate 16 and 17 year-olds, aligning with the Mental Capacity Act.
At present, the DoLS authorisation period cannot exceed 12 months. Under LPS, authorisation can last up to 3 years before further assessment is required. This should reduce administration and minimise potential distress and intrusion for people and their families.
It will also reduce the Court of Protection’s level of involvement in cases, which should make applications and decision-making much more efficient. For example, we’ll no longer be require a court application to authorise the deprivation of liberty of a young adult who lacks the relevant capacity.
Instead, there are new powers for Clinical Commissioning Groups and NHS trusts to authorise arrangements.
What are the key differences between DOLS and LPS?
Whereas DoLS only applies to patients in hospitals and residents of care homes, LPS will apply to individuals other settings. Adults living in supported accommodation, shared lives and private homes will be covered. It will ensure protection for any adult lacking the capacity to make an informed decision with regard to their accommodation, care and support, who needs to be deprived of their liberty, no matter where they live.
For example, under LPS it could be deemed appropriate to name more than one premises for an individual to be detained in their best interests. For example, if an individual is living in supported accommodation but also requires regular periods in hospital, e.g. for diabetes management, the LPS authorisation can stipulate that the individual could be subject to the same restrictions in hospital, as they are in their ordinary place of residence. Under the current DoLS code of practice, this is restricted to the primary place of residence.
Our Advocates have already begun to see some changes since LPS legislation was passed. Care home managers and Clinical Commissioning Groups in Wigan Borough that have new responsibilities for arranging mental health and capacity assessments are taking positive steps towards understanding their role.
How we’re planning for the change
We know that, for up to a year, the DoLS system will run alongside LPS to ensure a smooth transition. Those currently supported by DoLS will not be subject to LPS until their DoLS expires.
To keep up-to-date with legislation and understand how case work will be impacted, our Advocacy team is taking part in a Department of Health training programme. Alongside this, we continue to monitor developments and build our knowledge through a number of trusted legal resources.
As an organisation, we take our Advocacy role very seriously. As things change, our team will ensure that every single individual’s needs in the Wigan Borough are met. Where there is no family member to make decisions, we maintain close and caring advocacy relationships, always seeking to represent and make best interest decisions.
Going forward, our advocates will be working with care homes throughout Wigan Borough, to inform and advise on LPS. Once we know the full extent of the changes, we’ll look to provide training and guidance for community settings that require further support.
Where to find information on the Liberty Protection Safeguards
If you’d like more information or guidance on the LPS, our Advocacy team is happy to help. Post your questions on our social media channels or contact us here. Alternatively, visit the Social Care Institute for Excellence website.