Deprivation of Liberty Safeguards legislation changes and our new Liberty Protection Safeguards training

Posted 3 years ago

Update: Our new Liberty Protection Safeguards (LPS) course has currently been put on hold due to a last minute update from the government, which announced that the new LPS legislation is not coming into effect in April as planned. A consultation period is currently underway before the LPS regulations are implemented, and we will ensure our LPS course is fully updated and accurate before we launch it in the summer.

The Deprivation of Liberty Safeguards (DoLS) legislation is changing to Liberty Protection Safeguards (LPS) in April. In line with this, our existing Deprivation of Liberty Safeguards (DoLS) training course has been updated and also reflects the title change.

Health and social care workers will be required to understand the legislation updates and be prepared for the changes when they come into force. Our Liberty Protection Safeguards training can help provide the knowledge your team needs to continue to provide effective care plans to those that lack the ability to make decisions for themselves.

What are Liberty Protection Safeguards?

The aim of the legislation is ultimately the same, to protect a person’s rights when they lack capacity to consent to arrangements for their safety and wellbeing, when such arrangements will deprive them of their liberty. However, while some elements of the legislation are the same as DoLS, there are some changes and reinforcements to improve outcomes for those that are deprived of their liberty.

You can access Liberty Protection Safeguards factsheets on the gov.uk website for more information, however below we summarise some of the key changes:

Three assessments will form the basis of the authorisation of Liberty Protection Safeguards; a capacity assessment, a medical assessment and a necessary & proportionate assessment.
There will be an explicit requirement to consult with those caring for the person and those interested in the person’s welfare.
An approved mental capacity professional (AMCP) will be involved when it’s reasonable to believe that the person would not wish to receive treatment in a specified place or independent hospital.
16 and 17 year olds will be incorporated into the LPS framework.
The LPS extends to domestic settings, such as the person;s own home, shared lives and supported living.
Responsible bodies such as Clinical Commissioning Groups (CCGs), NHS trusts and local health boards will manage the LPS process.
Authorisation of a deprivation of liberty will last for a maximum of 12 months, and a further 12 months after a renewal. After this, authorisation could be in place for up to 3 years, providing the renewals are continuous.