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Prepare now for arrival of Liberty Protection Safeguards

Care home managers are being urged to prepare now for the arrival of Liberty Protection Safeguards (LPS) even though it is unclear when exactly they will be implemented.

Ben Troke, partner at law firm Hill Dickinson, outlines in our latest issue how the planned implementation date of April 2022 is optimistic. A 12-week consultation process will be needed to debate the code of practice and regulations.

Nevertheless, he says there are things care providers can do now to prepare for the reform of the Deprivation of Liberty Safeguards (DoLS).

Troke said care homes should assess how many residents are likely to lack capacity for decisions about their care and placement. “Also, how many are in circumstances that might amount to a DoL? What resources will you need in place for the LPS process.”

He added that providers should also prepare their IT systems because there will be more reporting needed. They should also prepare to make the most of equivalent assessments by auditing record keeping.

“This will ensure that crucial information, such as diagnosis, is easy to extract,” said Troke. “Remember there is no change to a person’s right to appeal against an authorisation to the Court of Protection, with non-means tested legal aid.”

In addition, Troke advises care homes to ensure their relevant policies are up to date and are in line with the code of practice. They should also consider what staff training might be needed.

The reform of the Deprivation of Liberty Safeguards dates back at least five years. Proposals for a new system were first made in 2017 and LPS has a broader scope as it covers all settings.

The full article is available to read in our latest issue. Click here.


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