Liberty Protection Safeguards (LPS) to replace Deprivation of Liberty Safeguards (DoLs): Royal Assent now received.

The Mental Capacity (Amendment) Act 2019 has now received Royal Assent and the LPS will replace DoLs, possibly from Spring 2020 (although the 2 regimes are expected to run side by side for up to a year). An LPS Code of Practice is also expected to be published later this year.

The main changes

1. A new Schedule AA1 has been inserted. Schedules A1 and 1A have been repealed.

2. The LPS will apply to people aged 16 and over, whereas DoLs only apply to people aged 18 or over (which means that a court application will no longer be necessary, under LPS, to authorise the deprivation of liberty for a non-capacitious 16 or 17 year old).

3. The LPS apply to people in supported living, shared lives and private and domestic settings as well as hospitals and care homes (DoLs apply only to people in hospital or care homes).

4. Responsible bodies will replace supervisory bodies as the agencies which can authorise deprivation of liberty. These responsible bodies will be hospital managers (if the arrangements take place in an NHS hospital), responsible local authorities/local health board (if the arrangements take place in an independent hospital) or the CCG/local health board (in cases involving continuing health care.)

5. The authorisation conditions are that--

1. the cared-for person lacks capacity to consent to the arrangements,
2. the cared-for person has a mental disorder, and
3. the arrangements are necessary to prevent harm to the cared-for person and proportionate in relation to the likelihood and seriousness of harm to the cared-for person.

6. Introduction of a pre-authorisation review.

7. Authorisations can be renewed for a period of up to 12 months on the first renewal or up to 3 years on any subsequent renewal (Currently, standard authorisations under DoLs cannot be renewed - arrangements for a new authorisation to begin on the expiry of the current authorisation must be made).

8. The appointment of an IMCA must be made in certain circumstances.

There's an excellent summary of the new Act, written by Tim Spencer-Lane, here.