MCA resources on Deprivation of Liberty Safeguards

Results 1 - 10 of 163

Order by    Date Title

Mental Capacity Act 2005, Deprivation of Liberty Safeguards England, 2020-21

These official statistics provide findings from the Mental Capacity Act 2005, Deprivation of Liberty Safeguards (DoLS) data collection for the period 1 April 2020 to 31 March 2021. DoLS are a legal framework that exist to ensure that individuals who lack the mental capacity to consent to the arrangements for their care, where such care may amount to a "deprivation of liberty", have the arrangements independently assessed to ensure they are in the best interests of the individual concerned. The data is collected from local authorities in England, who are the supervisory bodies for authorising deprivations of liberty of adults in care homes and hospitals. There were 256,610 applications for DoLS received during 2020-21. This is a small drop of approximately 3% compared to the previous year, following an average growth rate of 14% each year since 2014-15. The proportion of completed applications in 2020-21 that were not granted was 57%. The main reason was given as change in circumstances, at 60% of all not granted cases. The proportion of standard applications completed within the statutory timeframe of 21 days was 24% in 2020-21. The average length of time for all completed applications was 148 days.

Last updated on hub: 01 September 2021

Liberty Protection Safeguards: support for national training and readiness

This guidance provides information about national plans for workforce training and readiness work to support implementation of Liberty Protection Safeguards in England. The Liberty Protection Safeguards (LPS) will provide protection for people aged 16 and above who are, or who need to be, deprived of their liberty in order to enable their care or treatment and lack the mental capacity to consent to their arrangements. People who might have a LPS authorisation include those with dementia, autism and learning disabilities who lack the relevant capacity. LPS will replace an existing system (the Deprivation of Liberty Safeguards (DOLs)) and extend protections to more settings and people, including young people aged 16 and 17. The government has established two English implementation support programmes as follows: Local Government Implementation Support Programme; and Social Care Providers Implementation Support Programme. The government is working with the NHS in England, including Health Education England, on plans for a third implementation support programme for health.

Last updated on hub: 28 June 2021

Liberty Protection Safeguards: authorisations, renewals and reviews

The Liberty Protection Safeguards (LPS) will provide protection for people aged 16 and above who are or who need to be deprived of their liberty in order to enable their care or treatment and lack the mental capacity to consent to their arrangements. People who might have a LPS authorisation include those with dementia, autism and learning disabilities who lack the relevant capacity. A LPS authorisation can have effect immediately, or at any time within 28 days of the authorisation being issued. A person’s first authorisation and renewal can be up to 12 months. Renewals can last for up to 36 months. [Updated 11 June 2021]

Last updated on hub: 14 June 2021

Liberty Protection Safeguards: the approved mental capacity professional role

The Liberty Protection Safeguards (LPS) will provide protection for 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 their arrangements. People who might have an LPS authorisation include those with dementia, autism and learning disabilities who lack the relevant capacity. The approved mental capacity professional (AMCP) is a new, specialist role providing enhanced oversight for those people who need it most. AMCPs will be independent, trained, registered professionals. [Updated 11 June 2021]

Last updated on hub: 14 June 2021

Liberty Protection Safeguards: criteria for authorisation

The Liberty Protection Safeguards (LPS) will provide protection for people aged 16 and above who are, or who need to be, deprived of their liberty in order to enable their care or treatment and who lack the mental capacity to consent to their arrangements. People who might have an LPS authorisation include those with dementia, autism and learning disabilities who lack the relevant capacity. Once the LPS process has been triggered, the Responsible Body should determine whether the 3 authorisation conditions are met. These are: the person lacks the relevant capacity to consent to the arrangements; the person has a mental disorder, as defined by the Mental Health Act 1983; the arrangements are necessary and proportionate, that is, the arrangements are necessary to prevent harm to the person and proportionate to the likelihood and seriousness of the risk of harm to the person. To determine whether the authorisation conditions are met, there are three assessments and determinations which must be carried out: the capacity assessment and determination; the medical assessment and determination; the necessary and proportionate assessment and determination. [Updated 11 June 2021]

Last updated on hub: 14 June 2021

Liberty Protection Safeguards: settings and responsible bodies

The Liberty Protection Safeguards (LPS) will provide protection for people aged 16 and above who are, or who need to be, deprived of their liberty in order to enable their care or treatment and who lack the mental capacity to consent to their arrangements. People who might have an LPS authorisation include those with dementia, autism and learning disabilities who lack the relevant capacity. Under LPS, the Responsible Body will authorise arrangements that amount to a deprivation of liberty to enable care or treatment. This guidance explains which organisations are Responsible Bodies, which will vary according to where the arrangements are mainly carried out. [Last updated 11 June 2021]

Last updated on hub: 14 June 2021

Webinar: Liberty Protection Safeguards

A discussion and Q&A webinar on the introduction of the Liberty Protection Safeguards (LPS).

Last updated on hub: 29 March 2021

Understanding clinical decision-making at the interface of the Mental Health Act (1983) and the Mental Capacity Act (2005)

King's Fund

This report explores the context in which the decision of whether to use the MHA or the MCA to authorise a deprivation of liberty is made and the different factors that practitioners use to assess and weigh up which Act is most appropriate and ‘least restrictive’ for the individual concerned. The research used a mixed-methods approach with an online survey to capture the diversity of factors that influence decision-making across clinical groups, and qualitative interviews with clinicians and professionals to explore in depth their understanding of the interface and experiences of making this decision in practice. A large proportion of participants in this research report encountering people to whom this decision applies at least once a month, if not weekly. This decision most commonly applies to people who have dementia, but also to people with a wide range of mental disorders, including those with functional mental illnesses, neurodevelopment and neurological conditions. Participants report most commonly applying this decision to people in community settings, but application also occurs in mental health and acute hospitals including in the emergency department. There is a lack of common understanding around fundamental issues on which this decision is based including core concepts of capacity and objection. Blanket rules exist within professional groups and across different settings that restrict decision-making. The rights afforded to people admitted and treated in some settings and areas of England may not be afforded to those in others. The majority of participants report that their training covered decision-making at the interface of the Acts. However, codes of practice and case law are described as difficult to understand and keep up to date with. Understanding clinical decision-making at the in. Practitioners highlight a number of different ways in which patients are unlawfully deprived of their liberty as a result of the factors outlined above.

Last updated on hub: 23 February 2021

Mental Capacity Act 2005, Deprivation of Liberty Safeguards England, 2019-20

These official statistics provide findings from the Mental Capacity Act 2005, Deprivation of Liberty Safeguards (DoLS) data collection for the period 1 April 2019 to 31 March 2020. DoLS are a legal framework that exist to ensure that individuals who lack the mental capacity to consent to the arrangements for their care, where such care may amount to a "deprivation of liberty", have the arrangements independently assessed to ensure they are in the best interests of the individual concerned. The data is collected from local authorities in England, who are the supervisory bodies for authorising deprivations of liberty of adults in care homes and hospitals. There were 263,940 applications for DoLS received during 2019-20, relating to 216,980 people. The number of applications has increased by an average of 13.9% each year since 2014-15. The proportion of completed applications in 2019-20 that were not granted was 51.0%. The main reason was given as change in circumstances, at 62.0% of all not granted cases. The proportion of standard applications completed within the statutory timeframe of 21 days was 23.6% in 2019-20. The average length of time for all completed applications was 142 days.

Last updated on hub: 17 February 2021

Mental Capacity (Amendment) Act: impact assessment (IA)

Department of Health and Social Care

Assessment of the amendment, which introduced the liberty protection safeguards to replace the deprivation of liberty safeguards. the liberty protection safeguards (LPS) were introduced in the Mental Capacity (Amendment) Act 2019. LPS will provide the framework to determine whether a deprivation of liberty is necessary and proportionate for the care or treatment of an individual who lacks the mental capacity to consent to their arrangements, in England and Wales. They will replace the deprivation of liberty safeguards (DoLS) system, which was found to be “bureaucratic” and “too complex” by a House of Lords Committee in 2014. This impact assessment is an updated assessment of the Mental Capacity (Amendment) Act 2019. It provides an assessment of DoLS at present and fully funded, as well as for LPS as set out in the act.

Last updated on hub: 01 February 2021

Order by    Date Title