New film: Liberty Protection Safeguards. Looking forwards
27 October 2021
The Liberty Protection Safeguards (LPS) will soon replace the Deprivation of Liberty Safeguards (DoLS)
A number of landmark legal cases have showed up shortcomings in both the Mental Capacity Act 2005 and Deprivation of Liberty Safeguards. The new Liberty Protection Safeguards (LPS) are due to start in 2022. LPS will bring reform and a new system, which will seek to further protect the liberty of those who do not have mental capacity to make decisions about their care.
The Social Care Institute for Excellence has produced a short video to encourage the social care sector to consider how LPS will seek to promote practice which aligns with human rights and the core principles and duties of the Care Act 2014.
For the care and support sector, this change represents a significant shift in practice and requires both awareness and change for both people and organisations. It shifts the focus from the deprivation of liberty to the protection of liberty, to help people to achieve the outcomes that matter to them.
More help with LPS
- Webinar recording: Liberty Protection Safeguards, April 2021
- Blogs on SCIE’s website about LPS
- Liberty Protection Safeguards (LPS): Latest developments
- All of SCIE’s LPS resources
The Social Care Institute for Excellence (SCIE) is working with key partners from across the social care, health and education sectors including Department for Health and Social Care, Skills for Care, National Care Forum, Department for Education, NHSE/I, Health Education England, Social Work England, Social Care Wales, LGA/ADASS to identify key learning needs to support the sector to prepare and embed LPS within everyday practice.
SCIE Chief Executive Kathryn Smith says:
Professionals working with the Mental Capacity Act will need to be ready for the changes when they come in. This film – and SCIE’s other LPS resources – offers the support and guidance that people working with protecting liberties need. Please watch the video and look at the other resources. They’re free for the sector and can make sure that we as a sector can keep the person at the centre of any intervention, even if that means a deprivation of someone’s liberty. That means focussing on what someone can do, rather than merely focussing on the difficulties they are experiencing.
Steve Chamberlain, who is an independent social worker and trainer, says:
This is an excellent resource for everyone working with the Mental Capacity Act and who will need to be aware of LPS. It reinforces how important human rights are to everyone and how LPS will work to protect those who are most vulnerable to their rights being undermined. It also clarifies the close link between Care Act duties and LPS, and how effective assessment and care planning will help to streamline the process.
The Mental Capacity (Amendment) Act 2019 paved the way for replacing the existing Deprivation of Liberty Safeguards (DoLS) with Liberty Protection Safeguards (LPS).
The Department of Health and Social Care (DHSC) are in the final stages of developing the draft LPS Code of Practice, regulations and accompanying resources to help prepare the sector for implementation, that will be published for public consultation. The Government is actively considering the implementation date for LPS and the DHSC is committed to giving the health and care sector sufficient time to prepare.