The Liberty Protection Safeguards became law on 16^th May 2019 when the Mental Capacity (Amendment) Act 2019 received Royal Assent. It is expected that LPS will come into force and replace DoLS on 1^st October 2020. The government estimate is that there will be over 300,000 LPS applications every year. It creates new statutory duties and responsibilities for local authorities, NHS Trusts, CCGs and Welsh health boards as well as care providers. Key points include:

• LPS will apply to any care setting (not just hospitals and care homes)
• NHS Trusts and CCGs will become responsible for assessments and authorisations
• LPS extends to young people aged 16 and 17 rather than 18+ under DoLS
• Many new staff groups will be involved in the assessment process
• The role of the BIA changes significantly

Aims This one day course aims to provide a detailed analysis of the Liberty Protection Safeguards. The course considers the differences between DoLS and LPS and looks at what the new process will be and who will be affected. Learning outcomes

• Consider the key differences between DoLS and LPS
• Understand the impact on different services of LPS
• Review the legal criteria, assessment and procedure for LPS authorisations
• Consider the new duties and responsibilities placed on different staff and authorities

Programme

• The current situation – DoLS stats and CQC report
• Liberty Protection Safeguards – overview and latest update
• DoLS > LPS – what changes
• DoLS > LPS – what stays the same(ish)
• LPS procedure – the 3 stages
• LPS – legal criteria and assessments overview

• Capacity assessment
• Deprived of liberty assessment
• Mental disorder
• Necessary and Proportionate
• Excluded arrangements assessment – Mental Health Act
• Consulting others
• Objecting
• The LPS assessors
• Pre-authorisation review – role and responsibilities
• Rights for people under LPS
• Advocacy – IMCA – when and how
• Appeal – Court of Protection

• • Appropriate person – who and the appointment process
  • Reviews – when and how
• Duties of Responsible Bodies – LAs, CCGs, NHS Trusts
• Duties on care home managers
• The Impact Assessment – funding estimates – what is allocated and is it enough?

The course will be delivered by Steven Richards Steven Richards is a Director of Edge training and consultancy and has worked in the mental health field for over 20 years, both for the NHS and voluntary sector. He has been an in-patient advocate for Mind and as an advocate Steven represented directly before the Court of Protection. He is a Mental Health Act Reviewer with the Care Quality Commission and has also been used by the CQC as a specialist advisor on the Mental Capacity Act and DoLS during inspections. Steven delivers training on the Mental Capacity Act and Mental Health Act across England and Wales to health and social care professionals and he provided training on the proposed Liberty Protection Safeguards to members of the House of Lords. Steven is co-author of three books: Working with the Mental Capacity Act 2005 – 3^rd edition, Working with the Mental Health Act – 3^rd edition and Deprivation of Liberty Safeguards (DoLS) Handbook – 1^st edition. He also co-authors several wall charts on the Acts and an App on the Mental Capacity Act. Includes all course materials, certificate and refreshments. Places are limited so early booking is recommended. If you have any queries, please do not hesitate to email assistant@edgetraining.org.uk  or call 07341 277487.

The Liberty Protection Safeguards became law on 16^th May 2019 when the Mental Capacity (Amendment) Act 2019 received Royal Assent. It is expected that LPS will come into force and replace DoLS on 1^st October 2020. The government estimate is that there will be over 300,000 LPS applications every year. It creates new statutory duties and responsibilities for local authorities, NHS Trusts, CCGs and Welsh health boards as well as care providers. Key points include:

• LPS will apply to any care setting (not just hospitals and care homes)
• NHS Trusts and CCGs will become responsible for assessments and authorisations
• LPS extends to young people aged 16 and 17 rather than 18+ under DoLS
• Many new staff groups will be involved in the assessment process
• The role of the BIA changes significantly

Aims This one day course aims to provide a detailed analysis of the Liberty Protection Safeguards. The course considers the differences between DoLS and LPS and looks at what the new process will be and who will be affected. Learning outcomes

• Consider the key differences between DoLS and LPS
• Understand the impact on different services of LPS
• Review the legal criteria, assessment and procedure for LPS authorisations
• Consider the new duties and responsibilities placed on different staff and authorities

Programme

• The current situation – DoLS stats and CQC report
• Liberty Protection Safeguards – overview and latest update
• DoLS > LPS – what changes
• DoLS > LPS – what stays the same(ish)
• LPS procedure – the 3 stages
• LPS – legal criteria and assessments overview

• Capacity assessment
• Deprived of liberty assessment
• Mental disorder
• Necessary and Proportionate
• Excluded arrangements assessment – Mental Health Act
• Consulting others
• Objecting
• The LPS assessors
• Pre-authorisation review – role and responsibilities
• Rights for people under LPS
• Advocacy – IMCA – when and how
• Appeal – Court of Protection

• • Appropriate person – who and the appointment process
  • Reviews – when and how
• Duties of Responsible Bodies – LAs, CCGs, NHS Trusts
• Duties on care home managers
• The Impact Assessment – funding estimates – what is allocated and is it enough?

The course will be delivered by Steven Richards Steven Richards is a Director of Edge training and consultancy and has worked in the mental health field for over 20 years, both for the NHS and voluntary sector. He has been an in-patient advocate for Mind and as an advocate Steven represented directly before the Court of Protection. He is a Mental Health Act Reviewer with the Care Quality Commission and has also been used by the CQC as a specialist advisor on the Mental Capacity Act and DoLS during inspections. Steven delivers training on the Mental Capacity Act and Mental Health Act across England and Wales to health and social care professionals and he provided training on the proposed Liberty Protection Safeguards to members of the House of Lords. Steven is co-author of three books: Working with the Mental Capacity Act 2005 – 3^rd edition, Working with the Mental Health Act – 3^rd edition and Deprivation of Liberty Safeguards (DoLS) Handbook – 1^st edition. He also co-authors several wall charts on the Acts and an App on the Mental Capacity Act. Includes all course materials, certificate and refreshments. Places are limited so early booking is recommended. If you have any queries, please do not hesitate to email assistant@edgetraining.org.uk  or call 07341 277487.

Aims:  This course aims to provide an essential update on case law in relation to the role of the BIA. Learning outcomes:

• Consider the latest DoLS news, research and guidance
• Examine the latest case law relevant to DoLS and the BIA role
• Reflect on how the information covered affects BIA practice 

Programme- the day will include the following key topics which may be subject to some minor amendments to reflect the latest case law and guidance at the time of delivery : 

• Consent > MCA > Restraint > DoLS
• London Safeguarding Boards and Local Government Ombudsman report
• CQC annual DoLS report
• Case law: European Court of Human Rights and DoLS
• Case studies – DoLS in practice
• Deprivation of Liberty – ECHR onwards
• Cheshire West, Supreme Court ruling – revisited
• Case law: life-saving treatment and DoLS
• DoLS appeals – Section 21A applications – overview and research findings
• Case law: covert medication to manage behaviour and DoLS
• National DoLS stats and trends
• Case law: Available options and the best interests assessment
• Assessment of risk – necessary and proportionate
• Case law: latest DoLS case law and summary
• Case law: domestic DoL or Community deprivation of liberty
• Case law: Community Treatment Orders (CTO) and DoLS
• The future: a new DoLS

The course will be delivered by Aasya Mughal Aasya is a barrister and director of Edge. She has provided legal representation for individuals and businesses in civil law matters in the county courts including landlord and tenant proceedings. She also has previously gained considerable experience as an in-patient advocate, working with detained patients on a number of mental health wards and has appeared before the Court of Protection in this role. She is co-author of three books, an App and three wall charts on the Mental Health Act, Mental Capacity Act and DoLS used by local authorities, hospitals, universities and lawyers. She has also provided legal information and advice to the public on human rights law through the organisation Liberty on a pro bono basis. Includes all course materials, certificate and refreshments. Places are limited so early booking is recommended. If you have any queries, please do not hesitate to email assistant@edgetraining.org.uk  or call 07341 277487.