Liberty Protection Safeguards Delayed Until April 2022

• Published date: 28 July 2020
• Subject Matter: Food, Drugs, Healthcare, Life Sciences, Coronavirus (COVID-19), Reporting and Compliance
• Law Firm: Anthony Gold
• Author: Ms Emma Tante

A deprivation of one's liberty can arise if an individual is under continuous supervision and control, not free to leave their immediate environment and lacks capacity to consent to these arrangements. In such circumstances, a Local Authority (social services) has a duty to ensure that any arrangement resulting in a deprivation is conducted in accordance with the relevant safeguards set down in the Mental Capacity Act 2005 (MCA). These are also known as Deprivation of Liberty Safeguards (DoLs). The safeguards seek to ensure that people are cared for in a way that does not inappropriately restrict their freedom and therefore their basic human rights.

In May 2019 legislation was introduced with the overall aim of replacing the overly complex and bureaucratic DoLs with a more simplified regime known as the Liberty Protection Safeguards (LPS). Further details as to the rationale behind the changes can be found here.

It was intended that the LPS would come into effect by 1st October 2020, however little progress had been made towards introducing the same. Seeking to introduce the LPS without taking due care, time and attention, and not least during a pandemic, would have only served as a recipe for disaster. It is imperative that the new safeguards are correctly and carefully implemented to ensure an effective and successful system is introduced.

In light of the Covid-19 pandemic, the Ministers of Care, Helen Whately, issued a written statement to Parliament confirming that the introduction of the LPS regime would be delayed until April 2022. Some provisions, covering new roles and training, will come into force ahead of that date. The full statement can be found here. It is...