Deprivation of Liberty Safeguards

An Update in Relation to the Implementation of the Liberty Protection Safeguards

In due course, the Liberty Protection Safeguards (“LPS”), introduced under Schedule 1 to the Mental Capacity (Amendment) Act 2019 (“MC(A)A 2019”) will replace the current Deprivation of Liberty Safeguards (“DoLS”) set out in the Mental Capacity Act 2005. However, before this happens there are a few hurdles to cross, as detailed below. On 10 March …

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Further Delays to the Implementation of the Liberty Protection Safeguards

The Department of Health and Social Care (“DHSC”) has announced a further delay to the public consultation on the draft regulations and draft Code of Practice for the Mental Capacity Act 2005 and the Liberty Protection Safeguards (“LPS”). The DHSC had intended to launch the consultation in the summer of 2021 but said that due …

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