Liberty Protection Safeguards delayed

As many readers will be aware, the Liberty Protection Safeguards (the new regime to replace the Deprivation of Liberty Safeguards) were due to come into force on 1 October 2020.  However the draft Code of Practice and Regulations are yet to be published.

It had become clear to many (particularly with the pressures of Covid-19) that implementation by 1 October was unrealistic.  A Written Statement from the Minister for Care, Helen Whately (made on 16 July 2020) now formally acknowledges that implementation by October is “not possible”.  The statement confirms that the aim is for full implementation of the Liberty Protection Safeguards by April 2022.

This is intended to allow sufficient time for:

  • a 12 week consultation on the draft Code of Practice and Regulations;
  • the enactment of the relevant legislation; and
  • for the sector to prepare for implementation – which is envisaged to take approximately six months. 

Some provisions (including those covering new roles and training) will come into force ahead of April 2022.

The announcement did not contain a date for publication of the draft Code of Practice and Regulations. We will update you once there is more news on this.

In the meantime, the Deprivation of Liberty Safeguards should continue to be used to obtain the appropriate authorisation in situations where an individual’s care or treatment arrangements amount to a deprivation of liberty and they lack capacity to consent to those arrangements.   

If you have any queries on deprivation of liberty please do not hesitate to contact Molly Sanghera or Lucy Johnston.

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