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/

The Mental Capacity Act 2005 is underpinned by human rights law (including the European Convention on Human Rights).  A range of freely available national resources on human rights can be found at: https://www.bihr.org.uk/pages/category/guides-and-fact-sheets

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.  Download Alex’s presentation slides Getting the MCA Right and Thinking Ahead

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. 

View the list of considerations for micro-commissioners.

Download the supporting practice self assessment tool for micro-commissioners.

View the list of considerations for community staff.

Download the supporting practice self assessment tool for community staff.

View the list of considerations for independent hospital staff.

Download the supporting practice self-assessment tool for independent hospital staff.

View the List of considerations for residential homes and staff.

You can download the local MCA policy (which comprises our capacity assessment, best interests determination and other tools) by clicking here North East Lincolnshire MCA Policy.