Liberty Protection Safeguards

360 Assurance provides internal audit and independent assurance to NHS organisations across the East Midlands and South Yorkshire. In 2022/23 we are continuing with a specific project commenced in 2021/22 to support our clients’ preparation for implementing the Liberty Protection Safeguards.

 

Background

In May 2019 the Mental Capacity (Amendment) Act 2019 became statutory legislation. At this point it was intended that it would come into force on 1 October 2020. In July 2020 it was announced that the timeframe for implementation would be delayed. The rescheduled date for implementation was set for 1 April 2022 but this has now been further delayed with a date not yet confirmed (although April 2024 is currently rumoured to be most likely).

 

Current position

The draft Code of Practice and Regulations were published for consultation on 17 March 2022: Changes to the MCA Code of Practice and implementation of the LPS – GOV.UK (www.gov.uk)

LPS draft forms: Although not published as part of the page above, on 8 July DHSC emailed LPS Stakeholders with links to draft template forms (nine in total). These are: 1. IMCA Referral, 2. Mental Capacity Assessment, 3. Medical Assessment of a Mental Disorder, 4. Necessary and Proportionate Assessment, 5. Pre-Authorisation Review, 6. Referral for an Unscheduled Review, 7. Submission for Renewal of Authorisation, 8. Notice to RB that an LPS Authorisation may be required (initial referral), 9. Authorisation Record

Consultation closes on 14 July 2022.

To support the consultation we have produced a summary of the impact assessment figures: Impact Assessment Figures on a Page

We have also produced a version of the MCA & LPS Code of Practice which shows tracked changes from the existing Code for relevant chapters combined with the new chapters on LPS in their entirety.

In case it is of interest or use to others: 360 Assurance’s consultation response 

 

Output

In September 2021 (before the further delay had been announced) we produced a paper in summary of the work undertaken, which contains links to the following papers produced at that time:

None of these papers are intended to be definitive and they should be treated as working drafts, which will shortly be updated in light of the draft Code of Practice and Regulations. If you have any suggestions for amendments or additions please do get in touch and get involved.

 

Webinars

We have partnered with Hill Dickinson Solicitors to present three webinars focused on LPS.

Slides and videos of each of these can be found below, starting with the most recent:

23 June 2022

Slides from the webinar with Hill Dickinson on 23 June 2022

Link to video of the Liberty Protection Safeguards Webinar with Hill Dickinson on 23 June 2022 (YouTube)

7 October 2021

Slides from the webinar with Hill Dickinson on 7 October 2021

Link to video of the Liberty Protection Safeguards Webinar with Hill Dickinson on 7 October 2021 (YouTube)

7 July 2021

Slides from webinar with Hill Dickinson on 7 July 2021

Link to video of the Liberty Protection Safeguards Webinar with Hill Dickinson on 7 July 2021 (YouTube)

 

Next Steps

We will be continuing to meet client and partner organisations over the coming months, especially once we have all had time to digest the draft Code of Practice and Regulations and submit consultation responses.

We will also be working with organisations, NHSE and regional leads to gather ideas and input into the kinds of things we could use our time to do or produce, to prevent duplication and hopefully save our clients’ time. This might include: data analysis of projected numbers at system level, development of a database for capturing LPS information (at an organisational or system-wide level with web hosting and secure log-in), production of short (10 min) training videos on mental capacity, production of a competency assessment workbook, drafting of template policies, flowcharts and non-statutory forms, development of audit tools for internal assurance, production of information leaflets for patients / families / representatives.

If you would like to get involved or have any ideas to suggest, please contact Elaine Dower (elaine.dower@nhs.net, 07342 081522) or Kristina Dickinson (Kristina.dickinson@nhs.net, 07748 622985).

 

Useful Links

https://www.legislation.gov.uk/ukpga/2019/18/enacted – the legislation itself

https://www.gov.uk/government/publications/liberty-protection-safeguards-factsheets – DHSC factsheets

https://www.gov.uk/government/publications/liberty-protection-safeguards-implementation-support – announcement of regional support