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Getting Ready for Liberty Protection Safeguards

Care England, the largest representative body for independent providers of adult social care, has disseminated a paper to its members outlining the changes in Liberty Protection Safeguards encompassing the process and timings of the changes to the legal framework and practice and how the sector can prepare for the LPS.

Professor Martin Green OBE, Chief Executive of Care England, says:

“After a bumpy ride through Parliament the Mental Capacity Amendment Act received Royal Assent last month whereby Liberty Protection Safeguards will replace Deprivation of Liberty Safeguards in October 2020. With many changes afoot it is important that the sector is up to speed”.

There are a number of concerns for example the backlog of DoLS and forthcoming Impact Assessment and Care England will continue to work with DHSC to try and forge the best way forward. It is expected that the Draft Code of Practice will go out to public consultation in the autumn.

Martin Green continues:

“In preparation we suggest that members start collecting assessments of capacity to make various decisions, perhaps done by social workers or doctors, in particular about the capacity to decide where to live, or make decisions about whether to consent to or refuse treatment or care interventions. Also, members should collect any assessments and diagnoses of a mental disorder, such as dementia, learning disability or brain disorders caused by organic illness or injury”.

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