New LPS legislation expected on Oct 1, 2020, DHSC confirms

The DHSC has confirmed its intention to implement the new Liberty Protection Safeguards system on Thursday 1 October 2020.

Implementation is subject to progress towards developing the Code of Practice and regulations for this reform. Care minister Caroline Dinenage has said that the Government’s priority is to ensure this code delivers on providing detailed and easy to understand guidance.

Following input from those “with lived experience” and a full public consultation, the final draft of the Code is expected to be laid before Parliament in spring 2020.  The Department of Health and Social Care is working closely with the Ministry of Justice to align this work with the review of the Mental Capacity Act Code of Practice.

The Government is also in the process of drafting the regulations brought forward by the Act. These will set out important detail regarding the reform. There will be engagement with the sector on the development of the regulations and the expectation is that these will also be laid before Parliament in spring 2020.

Alongside the work on the Code of Practice and the regulations, the Government is taking forward a range of activity to prepare for implementation of the Liberty Protection Safeguards, including staff training and the process to approve people to become Approved Mental Capacity Professionals.

Initial indications also suggest that people with a current Deprivation of Liberty Safeguards system authorisation will retain that authorisation until it expires, new legislation notwithstanding.

More details of the LPS scheme are available online.

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