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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:
The factsheet is divided into two parts:
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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