Hope Davis-McCallion explains the Law Commission’s ’urgent’ safeguard suggestions. In March 2017, the Law Commission delivered its final recommendations on reforming the Deprivation of Liberty Safeguards system. This came after the Commission concluded that the current system was “in crisis” and needed to be replaced “as a matter of pressing urgency”. The name being suggested for the reformed system is “Liberty Protection Safeguards”.

This article outlines the five principles of MCA. It is aimed at professional social care staff and volunteers from partner agencies and services in Kent and Medway who handle cases involving Mental Capacity Act (MCA) and Deprivation of Liberty Safeguards (DOLS).

Policies, forms and guides for the Mental Capacity Act (MCA). Signposts to specific Kent documents and national guidance to help handle Mental Capacity Act work.

The guidance outlines how the coronavirus (COVID-19) transmission risk can be minimised when support is provided so that people who need assistance can visit shops, socialise or exercise safely. Contents include: who can get support; what ‘getting support’ means; getting support while socially distancing; who should help you; what everyone should do when they provide support to you; getting support from someone in your household or support bubble or your normal carer; getting support from someone who is not in your household or support bubble, or is not your normal carer; getting support from volunteers or organisations; if you have symptoms. [Published 2 September 2020. Last updated 3 March 2022]

This collection of e-booklets and factsheets covers many of the symptoms and practical and legal issues associated with a brain injury. The legal issues section contains factsheets and guidance on disability discrimination law; insurance policies after brain injury; personal injury trusts; Adults with Incapacity (Scotland) Act; the Mental Capacity Act; the Mental Health Act in Scotland; claiming compensation after brain injury; and supporting decision making after brain injury.

Information about the LPS system, which will be replacing the Deprivation of Liberty Safeguards (DoLS). DoLS is the system used to authorise the care or treatment arrangements of an individual who lacks mental capacity to consent to their arrangements. These safeguards apply when a person is ‘deprived of their liberty’ in a care home or hospital, in England or Wales. This guidance covers: making a referral; representation and support; assessments and authorisation; and reviews.
[Updated 11 June 2021]

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]

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]

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]

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]

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.

Emergency guidance for health and social care staff in England and Wales who are caring for adults who lack the relevant mental capacity to consent to their care and treatment during the coronavirus (COVID-19) Pandemic. This document provides additional guidance to supplement ‘The Mental Capacity Act (2005) (MCA) and deprivation of liberty safeguards (DoLS) during the coronavirus (COVID-19) pandemic’, which was published in April 2020. It includes guidance on: testing someone who lacks the relevant mental capacity; providing life-saving treatment to someone who lacks the capacity to consent; hospitals and care homes; and using emergency public health powers when someone who lacks relevant capacity needs to be isolated because they have symptoms and are not following public health advice. [First published 29 May 2020; last updated 12 January 2021]