Liberty Protection Safeguards
In October 2020, the Mental Capacity (Amendment) Act 2019 (MC(A)A) will come into force. As the name suggests, the MC(A)A will result in amendments to the Mental Capacity Act 2005. The MC(A)A will replace both a) the Deprivation of Liberty Safeguards (DoLS) and b) equivalent Court of Protection mechanisms for authorising deprivations of liberty, with new processes known as the ‘Liberty Protection Safeguards’.
The MC(A)A can be found here: http://www.legislation.gov.uk/ukpga/2019/18/enactedde The MC(A)A will be accompanied by a statutory Code of Practice and regulations which will provide the detail required to implement the Liberty Protection Safeguards. The Code of Practice and regulations have not yet been published.
A range of freely available national resources on the Mental Capacity (Amendment) Act 2019 can be found at: https://www.mentalcapacitylawandpolicy.org.uk/resources-2/liberty-protection-safeguards-resources/
Local resources to support implementation
Alex Ruck Keene attended Grimsby in November and December 2019 to provide an overview of changes to MCA practice in the preceding year, and to give a high-level summary of the LPS. You can download Alex’s slides here.
At the end of Alex’s presentations on 27 11 19 to micro-commissioners and to those delivering care in the community, Alex offered a list of considerations to support staff in thinking about how the LPS might apply in their setting.
You can download the list of consideration for micro-commissioners here.
We have also developed a supporting practice self-assessment tool which you can download here.
You can download the list of considerations for community staff here.
You can view the list of considerations for independent hospital staff here.
You can view the list of considerations for residential homes and staff here
You can download the local MCA policy (which comprises our capacity assessment, best interests determination and other tools) by clicking here.