Liberty Protection Safeguards Procedure

Amendment

This procedure has been updated in September 2022 due to revised implementation timescales.

September 22, 2022

On the 16th May 2019, the Mental Capacity (Amendment) Act 2019 became an Act of Parliament (law).

The Act replaces the current Deprivation of Liberty Safeguards (DoLS) with a whole new authorisation framework, namely the Liberty Protection Safeguards.

Originally planned for October 2020, the implementation date for the Liberty Protection Safeguards Framework has been delayed several times, and there is currently no proposed date for implementation.

The Act will also be accompanied by a single new Code of Practice which will replace both the current Code of Practice for the Mental Capacity Act 2005 and the Deprivation of Liberty Safeguards Supplementary Code of Practice. Work on this is currently underway.

This procedure will be developed when the Code of Practice has been finalised and the processes necessary to implement the framework are clarified. In the interim period you should refer to any guidance developed locally to ensure that your practice in the area of deprivation of liberty continues to meet local requirements.

tri.x has written a briefing paper that highlights some of the key differences between the two frameworks. See: The Mental Capacity (Amendment) Act 2019: Key Changes and Implications for Frontline Practitioners in Statutory Social Care and Health.

Anyone with responsibility for wider implementation of the new Act should read the Mental Capacity (Amendment) Act 2019 in full.

Last Updated: September 22, 2022

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