Care providers have been advised that consultation on the incoming Liberty Protection Safeguards (LPS) should start early in the new year.
And, in a letter, Helen Tabiner, DHSC deputy director, service quality, DHSC, has finally confirmed widely-held industry suspicions that LPS will not launch from April 2022, as previously stated.
In fact, Tabiner goes on to say that DHSC will not even be setting a new target date for implementation at the time of consultation. She says: “LPS are a complicated set of reforms and we expect that a wide range of stakeholders will submit detailed consultation responses about our plans. The Government will need time to consider those carefully once the consultation has closed, before making final decisions about the design of the LPS and plans for implementation, including future funding plans.”
In its update on implementation of the Liberty Protection Safeguards, Hempsons says: “The good news is: no desperate rush to train staff and implement a new system. The bad news is continued uncertainty and continued reliance on the “not fit for purpose” DOLS.
“Given the further steps needed, seeing off, let us hope, the pandemic and the need to identify funding it may not be too pessimistic to suggest it could be another whole year before implementation.”
For more insight, read the Mental Capacity Law and Policy Blog from mental capacity law specialist Alex Ruck-Keen.