Following the latest developments in the House of Lords last week, it appears that the vast majority of concerns about LPS remain and perhaps Lord Touhig best summed up the feelings of many of those working directly with people lacking mental capacity when he said in the House of Lords:

‘My Lords, I do not recall, in some 25 years in both Houses of Parliament, rising to speak in a debate feeling more despair about a piece of legislation than I feel about this Bill as it stands’

At present, the only changes that appear to be likely are:

1. Age- the government now intends to reduce the minimum age requirement of LPS down to 16.
2. Unsound Mind- the government has listened to numerous concerns on this including the DoLS Mental Health Assessors who submitted their views to the House of Lords through emails to Edge or via the Edge LPS Survey. Although at present, it is unclear exactly what the new definition will be.
3. Duty to consult with P– the government has promised to add this to the Bill

Many other concerns including care home managers undertaking LPS assessments themselves; care home managers being able to control access to IMCAs and the loss of a statutory duty to give the detained person key information about their rights were not addressed either satisfactorily by the government, or at all. The Peers are due to meet again later today.

For those of you interested in more detail:

We have dedicated LPS courses (12th November and 19th December) which will provide the latest analysis and will be regularly updated as changes are made to the Bill to help organisations and individuals prepare well in advance of any potential changes. We can also deliver these in house.
We will also be covering the latest LPS developments at our Consent & MCA Conference on the 29th October.

A number of resources are on our website- they represent the words in the Bill as it stands and we will not make any changes until these are official changes, to avoid confusion.
For those looking for a more detailed analysis on the latest House of Lords debate, Dr Lucy Series has produced an excellent summary of the key issues following the House of Lords debate this week which is available here 2018 10 17 L Series Briefing after 2nd committee day HoL.

House of Lords
Watch or Read the Debates. You can view the debates that have taken place so far on Parliament TV or access the transcript directly.
You can also sign up for updates directly on the Bill page