1. Liberty Protection Safeguards
Care Provider Network
June 2019
Nicky Griffin & Sandra Geary

2. The Mental Capacity Amendment Act
Royal Assent granted on the 16th May 2019.
This means it is now an ‘Act’ of law and will when it comes into force replace the Deprivation of Liberty Safeguards
Expected implementation is Spring 2020 / Autumn 2020

3. The Mental Capacity Amendment Act
A draft of the Code of Practice is expected around July 2019 to enable consultation.
We would encourage you to get involved in the consultation process.
The Amendment Act is scant in detail – we only have the basics now…

4. What we don’t know ….
We (and everyone else) will not know what the Code of Practice will include, there is little information at the moment around key factors such as;
What does an ‘objection’ look like!
What forms or paperwork will be necessary to Authorise an LPS
Who needs to be consulted?
What assessments the person, or those consulted will be entitled to receive.
What guidance or examples will be given as to what a ‘deprivation of liberty’ looks like (expected in the guidance)
And much more

5. What we do know Supervisory Body is replaced with Responsible body
Best Interests Assessors replaced with Approved Mental Capacity Professional (AMCP)
Six assessments under DoLS replaced with 9 assessments under LPS.
Only cases reaching set criteria will require assessment by an Approved Mental Capacity Professional

6. The Assessments Age - Is the person over 16
Mental Capacity Assessment – Must be undertaken by a professionally qualified staff member – Social worker, Nurse, Doctor Occupational Therapist or Psychologist.
Mental Disorder – Must be undertaken by a Doctor but does not have to have been completed specifically in relation to LPS.
The arrangements are a deprivation of liberty

7. The Assessments:
The deprivation of liberty is ‘Necessary and Proportionate’ to prevent harm to the person.
Consultation with the person and anyone else interested in their welfare. (If the individual resides in a care home this could be undertaken by the care home manager.
Are there excluding / conflicting arrangements under the Mental Health Act or should the individual be subject to the Mental Health Act.

8. The Assessments
Are the criteria for a review by an AMCP met – for example is the person in a private hospital or are they objecting to the proposed arrangements?
Can an Appropriate Person be identified? If not an Independent Mental Capacity Advocate (IMCA) is required.

9. What we do know Authorisation record can cover multiple settings.
Authorisation enables power to convey.
16 & 17 year olds come within the scope of LPS to mirror the wider MCA.
Timescales : duration of order 12 Months, 12, months and then 3 Years.

10. What you need now
Capacity Assessments – separate and specific to addressing these issues :
Accommodation
‘Activities of Daily Living’ including but not limited to:
Hygiene, continence, maintaining a safe environment, communication including social media, eating and drinking, mobilising, sleeping, socialisation, spirituality and religion.

11. What you need now continued
Finance
Medication
Any specific health conditions requiring intervention.
Risk Assessments:
All of the above need up to date risk assessments to indicate type, severity and probability of risk occurring accompanied by a necessary and proportionate risk management plan
Best Interest Decision making process clearly recorded
Review: All of the above with built in review processes.

12. What next ? Keep an eye out for regular updates.
Please do ask us if you have questions but keep in mind that the knowns are limited at the moment.

13. Useful links https://www.scie.org.uk/search?sq=lps

14. Thankyou