The Liberty Protection Safeguards is a new scheme intended to replace the current Deprivation of Liberty Safeguards for people who are deprived of their liberty within the context of Article 5 of the European Convention on Human Rights.  Although delayed, the implementation of the new LPS scheme is April 2022 and there is still much […]

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Following Royal Assent and the Mental Capacity (Amendment) Act 2019 becoming an Act of Parliament, further details have now emerged about when the Liberty Protection Safeguards are likely to be implemented.  In a letter dated 10/06/2019, the Minister of State for Care, Caroline Dinenage outlined the next steps for the Liberty Protection Safeguards.  She reiterated […]

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When the replacement to the Deprivation of Liberty (DoLS) scheme was being considered by the Law Commission and then Parliament, it became apparent that the intention was for the replacement scheme, Liberty Protection Safeguards to be considered at the care planning stage.  This of course was the intention of the DoLS scheme but since the […]

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The Mental Capacity (Amendment) Act 2019 is an amendment to the Mental Capacity Act 2005.  It details the circumstances in which a person can lawfully be deprived of their liberty without having to obtain an order from the court.  Previously, this was achieved (and will continue until the new legislation is fully implemented) through the […]

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Under the current Deprivation of Liberty Safeguards (DoLS) scheme, Local Authorities acting as Supervisory Bodies can authorise a deprivation of liberty without every case going through the court process. When the Liberty Protection Safeguards are introduced in 2020, the scheme will provide a similar vehicle through which a deprivation of liberty can be authorised. There […]

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The Liberty Protection Safeguards are a provision within the Mental Capacity (Amendment) Bill which has finished its journey through Parliament and awaiting Royal Assent.  The last stop was the House of Lords during the Ping Pong stage where the House agreed that there shouldn’t be a statutory definition of deprivation of Liberty within the Act […]

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The Mental Capacity (Amendment) Bill is now reaching its final stage as a Bill before it gains Royal Ascent and becomes an Act of Parliament. The Act will see an end to the Deprivation of Liberty Safeguards and in their place introduce the Liberty Protection Safeguards (LPS). Although it will still be some months before […]

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This week saw the Mental Capacity Act (Amendment) Bill (the Bill that will introduce the Liberty Protection Safeguards) move to Committee Stage in the House of Lords and on 5th September around 5 hours of discussions were held. The discussions concerned just a few (of the many) amendments that the Lords would like to see […]

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A new Bill has started its transition through Parliament on its way to becoming law.  The Mental Capacity (Amendment) Bill was introduced to the House of Lords on 3rd July 2018 and seeks to replace the Deprivation of Liberty Safeguards. There are some who thought they’d never see this day… and others who hoped they […]

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In a Written Ministerial Statement published yesterday, Health Minister Caroline Dinenage said the government broadly agreed with the Liberty Protection Safeguards model proposed by the Law Commission in 2017 and would legislate “when parliamentary time allows”.  The statement also acknowledged that the current DoLS (Deprivation of Liberty Safeguards) system should be replaced as a matter of “pressing […]

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On the home page, I explain the Liberty Protection Safeguards proposals from the Law Commission and in a previous post, highlighted the very resent request from the Government, asking for written submissions to the Joint Committee on Human Right’s inquiry on the Deprivation of Liberty Safeguards. In principle, the Liberty Protection Safeguards proposals are a positive step […]

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The Government is asking for written submissions to the Joint Committee on Human Right’s inquiry on the Deprivation of Liberty Safeguards. However, you only have until Friday 2nd March 2018 to submit your responses. Submissions should be no more than 1,500 words and they are particularly interested to hear evidence from interested parties on: Whether […]

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Today the Government published an interim response to the Law Commission report on Mental Capacity and Deprivation of Liberty. The statement was made by Jackie Doyle-Price, Parliamentary Under-Secretary of State for Health. The Government have welcomed the report and it is now being carefully considered. Part of that consideration is to consult various stakeholders to […]

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Yesterday (13th March 2017), the Law Commission published it’s long awaited report about the Mental Capacity Act 2005 (MCA) and Deprivation of Liberty.  It’s a biggie and if you prefer the summary, it can be found here.  The Deprivation of Liberty Safeguards (DoLS) have been fraught with criticism since their inception in 2009.  None less […]

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