Liberty Protection Safeguards

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

Our latest update paper (from September 2021) is here, which contains links to the following papers produced to date:

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

In partnership with Hill Dickinson Solicitors we ran a webinar on 7 July – slides and the video can be found below.

Slides from webinar with Hill Dickinson on 7 July 2021

Link to video of the Liberty Protection Safeguards Webinar with Hill Dickinson (YouTube)

The next webinar in the series was on 7 October, brought to you by Hill Dickinson and TIAN (The Internal Audit Network, of which 360 Assurance are a proud member).

Slides from the webinar with Hill Dickinson on 7 October 2021

Link to video of the Liberty Protection Safeguards Webinar with Hill Dickinson (YouTube)

 

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.

Current position

On 16 December 2021 the Government confirmed a further (currently undefined) delay to implementation.

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)

What 360 Assurance are doing

We are dedicating a significant amount of resource to undertaking pieces around LPS of work that will benefit all of our clients and also (hopefully) the wider NHS and health and social care sector.

The first piece of work we are undertaking is to facilitate the sharing of ideas, suggestions and information. Please see papers referenced at the top of the page.

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.

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

Impact assessment of the Mental Capacity (Amendment) Act 2019 (publishing.service.gov.uk) – impact assessment

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