Liberty Protection Safeguards - Consultation

Liberty Protection Safeguards (LPS) Consultation Announcement

After a long delay, the government has launched a public consultation on proposed changes to the Mental Capacity Act (MCA) Code of Practice for England and Wales, which includes guidance on the new LPS system. The consultation will run for 16 weeks until 7 July 2022. Alongside the consultation are six sets of draft regulations which will underpin the LPS. Four of these will apply in England only, and the remainder will apply to both. There are quite a lot of documents and some of them are very long so it will take us a week or two before we have a briefing for the membership. The documents published include:

• Consultation document - Changes to the MCA Code of Practice and Implementation of the LPS (60 pages)

• Draft MCA Code of Practice (518 Pages)

• Draft MCA Code of Practice - Summary

• Draft LPS regulations: Assessment, Determinations and Pre-Authorisation Review - England (6 pages)

• Draft LPS regulations: Training and Approval for Approved Mental Capacity Professionals - England (8 pages)

• Draft LPS regulations: Independent Mental Capacity Advocates - England (3 pages)

• Draft LPS regulations: Consequential Provisions - England and Wales (8 pages)

• Draft LPS regulations: Commencement, Transitional and Savings Provisions - England and Wales (3 pages)

• Draft LPS regulations: Monitoring and Reporting - England (5 pages)

• LPS implementation: draft national workforce and training strategy - England (35 pages)

• LPS implementation: draft training framework (38 pages)

• LPS implementation: annex to the draft LPS training framework (9 pages)

• LPS Implementation: draft LPS National Minimum Data Set (England)

• LPS implementation: draft impact assessment (56 pages)

• LPS implementation: draft impact equalities assessment

• Consultation privacy notice

Links to all of the above can be found on the public consultation page.