Consultation on Liberty Protection Safeguards opens
It is sometimes necessary to deprive a person who lacks the relevant capacity of their liberty in order to deliver essential care or treatment to that person. This must be done with the greatest of care and respect for that person and their rights.
The Deprivation of Liberty Safeguards (DoLS) were introduced with the aim of ensuring that safeguards apply when this happens in a care home or hospital. However, the DoLS are overly complex and have struggled to provide the necessary protections since the Cheshire West Supreme Court ruling expanded the remit of the system. People have faced breaches of their human rights because of the authorisation backlog that has developed as a result of the bureaucracy of the DoLS and the expanded definition of a deprivation of liberty.
The Mental Capacity (Amendment) Act 2019 made changes to the legislation which, once implemented, will repeal the DoLS and replace it with the Liberty Protection Safeguards (LPS). This new system will protect people aged 16 and above who are, or who need to be, deprived of their liberty to enable their care or treatment and who lack the mental capacity to consent to these arrangements.
The government is seeking views on proposed changes to the Mental Capacity Act 2005 Code of Practice and implementation of the Liberty Protection Safeguards.
Connected Voice Advocacy will respond in several ways by:
- Submitting a response
- Contributing to a national response
- Working with a local authority to ensure a strategic approach to delivery.
The consultation closes at 11:45pm on 7 July 2022
To find out more and to take part in the consultation go to Liberty Protection Safeguards Consultation
