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The Department of Health and Social Care announced on the 5th April 2023 that the implementation of the Liberty Protection Safeguards would be delayed until at least the ‘next general election’, and while this has come to pass it is unclear if plans are in place to prepare for its post-election implementation. Even if the newly-formed government is keen to implement LPS, any reform will now be some years away.
With the delay to the Liberty Protection Safeguards it is more important than ever to ensure the existing scheme for deprivation of liberty works, including the Deprivation of Liberty Safeguards (DoLS) and the role of the Court of Protection and High Court.
It has been widely recognised that there are number of challenges associated with the current system, both in DoLS and in the court, and we have to deal with these challenges with the tools that we have for now. Attention needs to turn to getting deprivation of liberty in the community cases to court more effectively, as well as cases involving children and young people. It is also vital that providers understand the Mental Capacity Act and use it effectively.
“Too many people are waiting too long for a Deprivation of Liberty Safeguards (DoLS) authorisation, despite multiple examples of local authorities trying their best to reduce backlogs and ensure sustainable improvement. We remain worried about the rights of people at the heart of the DoLS system. We continue to see people in vulnerable circumstances without legal protection, which not only affects them but also their families, carers, staff and local authorities. The system has needed reform for over 10 years. Unless there is substantial intervention, we are concerned that these challenges will continue.”
Care Quality Commission 25th October 2024
“We’ve got to carry on as if the Liberty Protection Safeguards is not going to happen, because it’s not going to happen anytime soon enough to make a difference to what we do and the problems we’ve got. That means that if you’ve paused any training program, if you’ve deferred your review of the MCA policy or the DOL policy, then all of those things need to bubble back up to the top of the list.”
Ben Troke, Healthcare Lawyer, Partner at Weightmans, 17th January 2024
“Tens of thousands of people have no access to the DoLS safeguards in care homes and hospitals because local authorities are unable to discharge their functions in a timely fashion, meaning those people have no support from an RPR or an IMCA; they have no right to non-means-tested legal aid to challenge their detention; and those providing care to them are on thin legal ice balancing whether it is worse unlawfully to detain or to discharge the person to a risk of harm (or worse).”
Alex Ruck-Keene, Barrister in Mental Capacity, 39 Essex Chambers, December 2023
This conference will enable you to:
Reflect on the delay to the Liberty Protection Safeguards and implications for practice
Understand and improve the existing Deprivation of Liberty Safeguards
Identify when the DoLS process should be triggered
Improve the understanding and application of DoLS
Understand the implications for your service
Ensure you are up to date with the legal and practical implications
Reflect on how you can consider restrictions of people’s liberties as part of their overall care package
Learn from case studies in DoLS application
Understand Mental Capacity and Best Interest Assessment
Self assess and reflect on your own practice
Supports CPD professional development and acts as revalidation evidence. This course provides 5 Hrs training for CPD subject to peer group approval for revalidation purposes
