The government recently announed that the proposed Liberty Protection Safeguards (LPS) to replace the current Deprivation of Liberty Safeguards (DoLS) would be delayed 'beyond the line of this parliament' (beyond Dec 24) as a result of its prioritisation work on social care including digitalisation and the role of the CQC overseeing local authorities, following the new white paper.
The LPS delay – what does it mean and what is the way forward?
Tim Spencer Lane
Mental Capacity Lawyer & Senior Lecturer
Kingston University
• the delay of LPS beyond the life of this Parliament
• applying LPS thinking to DoLS
• the refocus on DoLS and community deprivation of liberty
Tim gave a detailed insight into the indefinite delay of the Liberty Protection Safeguards, he said it's frustrating, there is a lot of confusion and uncertainty and we need to look at what to do now. He said LPS isn't going to be happening any time soon if at all, the Department of Health and Social Care LPS team has been disbanded and redeployed. He said we need to work with the tools we've got , not just DoLS but the court of protection for under 18s and those in community care.
He said we need to refocus now to strengthen the current DoLS system just as the Welsh government have called for in their response. He went on to give a reintroduction to DoLS which apply only to adults in hospitals and care homes. He said there are LPS transferable principles can be taken forward under DoLS including the notion that deprivation of liberty is everyone's business. He said frontloading the LPS was a key message and DoLS can be streamlined with other assessment, review and planning processes. Deprivation of Liberty should come after not before, the authorisation is granted.
Tim spoke about; refocusing on community deprivation of liberty, that there are 4000 out of an estimated 59000 cases in the community that should be taken to court that aren't being taken to court; refocusing on section 4B MCA which remains in place and for community cases it does legal cover in some cases; refocusing on 16/17 year olds; article 8 issues including decisions about restricting contact with family and friends, what treatment is being provided and deciding where the person should be; refocusing on Best Interest Assessors, the Neary case recognises the importance of the BIA and it's a well-respected role by the Law Commission. Tim said it's "important to retain LPS thinking which focused on the 'necessary and proportionate' aspect of the deprivation of liberty."
EXTENDED SESSION: Deprivation of Liberty: DoL without LPS – Lessons from Getting it Wrong
Ben Troke Partner
Hill Dickinson LLP
Unlawful DoL and compensation claims
Legal costs
Publicity
The Ombudsman and CQC