The new Liberty Protection Safeguards (LPS) is due to come into force in October 2020 via the Mental Capacity (Amendment) Act 2019. The LPS will replace the Deprivation of Liberty Safeguards (DoLS) as the system to lawfully deprive somebody of their liberty.
The legislation will create Responsible Bodies to authorise an incapacitated person’s deprivation of liberty. The identity of the Responsible Body will depend entirely upon the arrangements for the person’s care which could be:
- An NHS Trust or Local Health Board if the person is being cared for in the hospital, or
- A CCG or Local Health Board for arrangements under NHS CHC, or
- A Local Authority in all other situations, such as care homes, supported living and private hospitals.
Under LPS, deprivation of liberty will have to be authorised in advance by the Responsible Body and will also apply to 16-and 17-year olds alongside adults.
The new roles and responsibilities will include:
- the identification of an ‘appropriate person’ to represent and support the cared for person,
- the assessment of the cared for person’s capacity,
- consultation with the cared for person,
- pre-authorisation reviews,
- drafting and signing off authorisation records,
- regular reviews, and
- the authorisation of the DOL in an emergency situation.
As these new safeguards are going to radically alter who can authorise the deprivation of liberty, it is essential that Liberty Protection Safeguards leads, advisors and senior managers understand the new legal framework and be ready for these changes to be implemented in 2020.
Bond Solon offers a 1-day LPS course to help Responsible Bodies prepare for their new roles and duties under the LPS.
In addition to introducing new responsibilities for responsible bodies, LPS will create several new roles: Assessors, Pre-authorisation review officers and Approved Mental Capacity Professionals (AMCPs). How it will work in practice will depend on the Codes of Practice and regulations which are currently being drafted. Bond Solon will offer specialist courses in due course to help you and your workforce transition into this new roles.
What else can you be doing to be prepared?
We strongly suggest that the (soon to be) Responsible Bodies train as many senior nurses and social workers to become Best Interest Assessors (BIAs).
BIAs are equipped with the critical and legal thinking in being able to identify a deprivation of liberty, while also having the skills in being able to carry out robust assessments to best practice.
It is expected that current BIAs will be fast-tracked into the new Approved Mental Capacity Professional (AMCP) role via a short conversion course.
In addition, to being able to ‘convert’ to the AMCP role, current BIAs will be perfectly positioned to fill the new role of the Pre-Authorisation Officer, leaving you in a healthy position for the new legislation coming into force.
Bond Solon are the only training provider approved by the Secretary of State to run the BIA qualification. We deliver the module on a public and in-house basis and have trained over 500 BIAs in the past 5 years.