New Liberty Protection Safeguards factsheet: young people and responsible bodies

The Department of Health and Social Care’s latest factsheet on young people and responsible bodies is the eleventh factsheet published on the new Liberty Protection Safeguards (LPS) system, which will  be replacing the Deprivation of Liberty Safeguards. You can read our blog on the previously published factsheets here.  

The new system will provide protection for people aged 16 and above – and might include those with dementia, autism and learning disabilities who lack capacity. This is different from the existing system which only applies to people aged 18 or over, in care homes and hospitals.

The factsheet confirms that LPS authorisations can apply to 16 and 17 year old in settings such as:

  • social care settings including children’s homes, short breaks and youth club provision
  • education settings including day and residential schools and colleges
  • hospitals, including inpatient mental health units

The factsheet is divided into two parts:

  • Part one covers responsible bodies and 16 and 17 year olds
  • Part two covers responsible bodies and other young people aged 18 to 25

We do not yet have regulations, or the Code of Practice that will be required before the Mental Capacity (Amendment) Act 2019 can come into force in April 2022 to replace the DoLS. A consultation on the draft Code and the regulations is expected to be published soon. You can view the DHSC’s dedicated LPS document collection page here.

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Every piece of content we create is correct on the date it’s published but please don’t rely on it as legal advice. If you’d like to speak to us about your own legal requirements, please contact one of our expert lawyers.

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