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.

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]

This page relates to decision making under the Mental Capacity Act (MCA). It provides information on the Code of Practice, health and care workers who give advice as part of their job, plus information about the Independent mental capacity advocate (IMCA) service and the benefits of the service.

Brings together emergency guidance for health and social care staff in England and Wales who are caring for, or treating, a person who lacks the relevant mental capacity during the coronavirus outbreak. The guidance ensures that decision makers are clear about the steps they need to take during this period. It focuses on new scenarios and potential ‘deprivations of liberty’ created by the outbreak. During the outbreak, the principles of the Mental Capacity Act 2005 (MCA) and the safeguards provided by the deprivation of liberty safeguards (DoLS) still apply. The MCA provides protection for people who lack or may lack the relevant mental capacity to make decisions about different aspects of their life. The DoLS are an important part of this act and provide further safeguards for those who need to be deprived of their liberty in order to receive care or treatment in a care home or hospital, but do not have the capacity to consent to those arrangements. [Published 9 April 2020. Last updated 27 April 2021]

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]

This document is designed to assist practitioners to begin to address the needs of consumers of financial service in vulnerable circumstances. It consolidates tips and resources gained throughout the course of the FCA’s research. The pack is geared towards firm employees tasked with the development of a vulnerable customer policy/strategy.

This framework aims to assist professionals, and specifically staff working within Gateshead, to understand their responsibilities under the Mental Capacity Act and to access guidance to assist them in fulfilling them. The document is separated into four main parts: policy – this section outlines the policy structures which underpin MCA practice in Gateshead, including a detailed glossary of terms, the legal context, exploration of the role of the CQC and a discussion of how clear MCA leadership can be structured within individual agencies; considerations for particular agencies – this section examines the impact of the MCA on specific agencies within Gateshead and considers some of the challenges presented; MCA practice and procedural guidance – this section considers specific elements and functions of the MCA, and offers practice and procedural guidance; and DoLS procedural guidance – this section sets out Gateshead’s procedure for the effective operation of the Deprivation of Liberty Safeguards.

This guidance provides a framework to help doctors to make decisions with their patient about their treatment and care. By following it, it will help doctors make sure they have informed consent from their patients. And that they involve families and others when it’s appropriate. It has advice on: what to tell a patient when talking about risks; what to do if a patient doesn’t want to hear information that may be relevant; when to obtain written consent; what needs to be recorded. The guidance will also help doctors when their patients lack capacity (Part 3). It includes a list of things they should consider and has advice on dealing with disagreements.

This guidance provides you the key legal and ethical considerations that need to be taken into account when seeking consent for treatment or research, and signposts to other sources of support and information. Topics covered include: key questions about consent and refusal; capacity to consent; sharing information with patients; who is responsible for seeking consent; refusal of consent; advance care planning; consent for emergency treatment; compulsory treatment under mental health legislation; consent for research; consent for teaching purposes.

This document sets out to inform and support psychologists to make informed, sound clinical judgements and decisions across a range of sometimes very different situations where a client’s capacity to make their own decisions is being questioned. The document is the culmination of a consensus which has developed since the implementation of the MCA 2005 in England and Wales, itself drawing on Scottish experiences, including clinical practice and experience, research studies and case law. The document’s structure follows the chronological flow of a considered approach to assessment. It starts with an overview of the current legal context, followed by necessary preparatory steps and aspects of completing a best practice assessment (including consideration of the use of psychometric inventories) before drawing together the threads of information collected and forming defensible, balanced, well evidenced opinions, conclusions and recommendations.