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- webinar recording
Webinar: Liberty Protection Safeguards
- Authors:
- BAYLISS Simon, CASS Elaine, THOMPSON-BUTLER Paula
- Publisher:
- Social Care Institute for Excellence
- Publication year:
- 2021
- Pagination:
- 1 hr 56 mins
- Place of publication:
- London
The new Liberty Protection Safeguards (LPS) seek to further protect the liberty of those who do not have mental capacity to make decisions about their care. For the sector, this represents a significant shift in practice and requires both awareness and change for both individuals and organisations, as part of this journey to implementation. This webinar recording outlines the key changes under LPS, the journey and progress to date and how SCIE will be working with the sector to support this transition. (Edited publisher abstract)
Using the Mental Capacity Act
- Author:
- SOCIAL CARE INSTITUTE FOR EXCELLENCE
- Publisher:
- Social Care Institute for Excellence
- Publication year:
- 2016
- Pagination:
- 17 mins 49 seconds
- Place of publication:
- London
This film explains the five main principles of the Mental Capacity Act (MCA) and how they work in practice for people who may lack capacity. It covers: a presumption of capacity, individuals being supported to make their own decisions, unwise decisions, best interests, less restrictive option. It also looks at how the Act supports everyone to plan for their future, when they may lack capacity, though lasting powers of attorney and advance decisions. The video is relevant for people who need the MCA, their carers, and others. (Edited publisher abstract)
Implementing the Mental Capacity (Amendment) Act 2019
- Authors:
- LAING Judith, GARRATT Katherine
- Publisher:
- Great Britain. Parliament. House of Commons Library
- Publication year:
- 2022
- Pagination:
- 22
- Place of publication:
- London
This briefing outlines the legal and policy background to the Mental Capacity (Amendment) Act 2019 and provides an overview of its the main provisions. The Mental Capacity (Amendment) Act 2019 received Royal Assent on 16 May 2019. The Act amends the Mental Capacity Act 2005 and introduces the Liberty Protection Safeguards (LPS), a new process for authorising deprivations of liberty for persons who lack capacity to make a particular decision. The LPS replaces the Deprivation of Liberty Safeguards (DoLS) which were introduced in 2008 as an earlier amendment to the Mental Capacity Act 2005. Implementation of the LPS was planned to begin in April 2022 but was delayed by the coronavirus pandemic. On 17 March 2022, the Government opened a 16 week public consultation on proposed changes to the Mental Capacity Act Code of Practice, including guidance on the new LPS. The briefing also includes links to relevant Department of Health and Social Care factsheets and guidance, in addition to responses to the legislation from professional bodies and special interest groups. (Edited publisher abstract)
Consultation on proposed changes to the Mental Capacity Act 2005 Code of Practice and implementation of the Liberty Protection Safeguards, including the Liberty Protection Safeguards secondary legislation
- Author:
- GREAT BRITAIN. Her Majesty's Government
- Publisher:
- Great Britain. Her Majesty's Government
- Publication year:
- 2022
- Pagination:
- 60
- Place of publication:
- London
This consultation seeks views on the proposed changes to the Mental Capacity Act 2005 (MCA) Code of Practice, which includes guidance on the new Liberty Protection Safeguards (LPS) system. It is also seeking views on the LPS regulations, which will underpin the new system. The MCA was implemented alongside a Code of Practice which now requires updating for two key reasons: the existing Code guidance needs updating in light of new legislation and case law, organisational and terminological changes, and developments in ways of working and good practice; and the new LPS system means that additional guidance needs to be added to the Code. The LPS were introduced in the Mental Capacity (Amendment) Act 2019. The UK government is now consulting on 6 sets of draft regulations which will underpin the new system. When enacted, 4 of these sets of regulations would apply in England only. The remaining 2 sets of regulations would apply to both England and Wales. Separately, the Welsh Government has published 4 sets of regulations which would apply in Wales. The Government is also publishing a number of documents to help the sector prepare for the LPS implementation. These products are not subject to formal consultation, but feedback is welcome as part of the consultation process. This consultation closes on 7 July 2022. (Edited publisher abstract)
Liberty Protection Safeguards: authorisations, renewals and reviews
- Author:
- GREAT BRITAIN. Department of Health and Social Care
- Publisher:
- Great Britain. Department of Health and Social Care
- Publication year:
- 2021
- Place of publication:
- London
The Liberty Protection Safeguards (LPS) will provide protection for people aged 16 and above who are or who need to be deprived of their liberty in order to enable their care or treatment and lack the mental capacity to consent to their arrangements. People who might have a LPS authorisation include those with dementia, autism and learning disabilities who lack the relevant capacity. A LPS authorisation can have effect immediately, or at any time within 28 days of the authorisation being issued. A person’s first authorisation and renewal can be up to 12 months. Renewals can last for up to 36 months. [Updated 11 June 2021] (Edited publisher abstract)
Carrying out and recording capacity assessments
- Editors:
- KEENE Alex Ruck, et al
- Publisher:
- 39 Essex Chambers
- Publication year:
- 2021
- Pagination:
- 21
- Place of publication:
- London
The purpose of this document is to provide for social workers and those working in front-line clinical settings an overview of the law and principles relating to the assessment of capacity. Its focus is on (a) how to apply the MCA 2005 principles when assessing capacity; and (b) how to record your assessment, primarily in the context of health and welfare decisions. The courts have now considered questions of capacity on many occasions, sometimes giving guidance as to how the Act should be applied in general terms, and sometimes applying the Act to particular factual scenarios. The guide covers: key principles; what it means to lack capacity to make a decision; fluctuating capacity; good capacity assessment and recording; and useful resources. (Edited publisher abstract)
Guidance note: relevant information for different categories of decisions
- Editors:
- KEENE Alex Ruck, et al
- Publisher:
- 39 Essex Chambers
- Publication year:
- 2021
- Pagination:
- 15
- Place of publication:
- London
This guidance note sits alongside our guidance note on carrying out and recording capacity assessments, and is designed to assist social workers and those working in frontline clinical settings when they asked to consider a person’s capacity to make a decision or decisions. As set out in our guidance note, the courts have now applied the MCA 2005 in respect of very many types of decision. In the course of doing so, they have given indications as to what they consider to be relevant (and sometimes irrelevant) information for purposes of those decisions – i.e. what the person must be able to understand, retain, use and weigh to able to make the decision. This guidance note pulls together the guidance given in relation to some of the most common decisions that are encountered in practice in the context of health and welfare matters. (Edited publisher abstract)
Preparing for the Liberty Protection Safeguards
- Author:
- MALONE-LEE M.
- Publisher:
- Research in Practice
- Publication year:
- 2021
- Place of publication:
- Dartington
The Liberty Protection Safeguards are replacing the Deprivation of Liberty Safeguards in April 2022. This practice guidance provides an overview of the Liberty Protection Safeguards and outlines the reasons behind why they are replacing the Deprivation of Liberty Safeguards. Readers will gain an understanding of what we currently know about the Liberty Protection Safeguards and their implementation and explores what people might do across the adult social care system to prepare for the incoming changes. The impact the new system might have on people is also explored. The guide covers: the background to the LPS; what are the LPS and why are they replacing DoLS; an update on the implementation of the LPS; what are the transitional arrangements; what determines if an application for a deprivation of liberty under the LPS is necessary; who authorises a person to be deprived of their liberty; what does the LPS process involve; if a deprivation of liberty is necessary under the LPS, what protections are there for the person; what are the LPS renewal arrangements; LPS equality analysis; preparing for the LPS. (Edited publisher abstract)
What makes a good assessment of capacity?
- Authors:
- HERBERT Camilla, et al
- Publisher:
- British Psychological Society
- Publication year:
- 2019
- Pagination:
- 52
- Place of publication:
- London
This document sets out to inform and support psychologists to make informed, sound clinical judgements and decisions across a range of sometimes very different situations where a client’s capacity to make their own decisions is being questioned. The document is the culmination of a consensus which has developed since the implementation of the MCA 2005 in England and Wales, itself drawing on Scottish experiences, including clinical practice and experience, research studies and case law. The document’s structure follows the chronological flow of a considered approach to assessment. It starts with an overview of the current legal context, followed by necessary preparatory steps and aspects of completing a best practice assessment (including consideration of the use of psychometric inventories) before drawing together the threads of information collected and forming defensible, balanced, well evidenced opinions, conclusions and recommendations. (Edited publisher abstract)
Deprivation of liberty safeguards: factsheet 62
- Author:
- AGE UK
- Publisher:
- Age UK
- Publication year:
- 2020
- Pagination:
- 26
- Place of publication:
- London
This factsheet looks at the Deprivation of Liberty Safeguards (DoLS). These relate to people who lack the mental capacity to make decisions about their care and treatment, and who are deprived of their liberty in a care home or hospital. This factsheet covers what deprivation of liberty means, the required procedure for authorisation, what can be done if there are concerns a deprivation of liberty is unlawful, and the procedures and protections required once someone has been deprived of their liberty. (Edited publisher abstract)