The Liberty Protection Safeguards (LPS) currently before Parliament contain a number of significant differences from the original Law Commission proposals for LPS. The change from DoLS to LPS will create new statutory duties and responsibilities on different bodies and 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

The parliamentary process means LPS could become law by April 2019 (Royal Assent) with a period of time for preparation by authorities before coming into effect. Aims This one day course aims to provide a detailed analysis of the Liberty Protection Safeguards contained in the Mental Capacity (Amendment) Bill [HL]. 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
• The Mental Capacity (Amendment) Bill [HL] – key information and progress update
• DoLS > LPS – what changes
• DoLS > LPS – what stays the same(ish)
• LPS procedure – the 3 stages
• LPS – criteria and assessments overview
• Capacity assessment
• Deprived of liberty assessment
• Mental disorder
• Necessary and Proportionate
• Excluded arrangements assessment – Mental Health Act
• Consulting others and 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 is a Mental Health Act Reviewer with the Care Quality Commission and a specialist advisor in relation to the Mental Capacity Act. He 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 represented directly before the Court of Protection. Steven has trained health and social care professionals on the Mental Capacity Act since its inception and regularly delivers legal update training to DoLS assessors (BIAs and Mental Health Assessors) and authorising signatories. Steven is co-author of three books, Working with the Mental Capacity Act 2005 - 2nd edition, Working with the Mental Health Act – 3rd edition and The Deprivation of Liberty Safeguards (DoLS) Handbook – 1st edition. He also co-authors a number of wallcharts on the Acts which are used nationally and a mobile 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.