Preparing for the Liberty Protection Safeguards

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Preparing for LPS: assessing mental capacity and best interests

The role of the BIA is removed from LPS and therefore front line staff (both qualified and unqualified) will be required to complete the statutory assessments and tasks for LPS. Many local authorities have realised that some of the current mental capacity and best interests assessments completed by their staff are not adequate or legally robust for the implementation of LPS considering they are more likely to be challenged in the Court of Protection. This full day course aims to embed best practice in assessing mental capacity and best interests as a pre-cursor for LPS starting. It also considers restrictions in care plans, which for many staff not previously involved in DoLS, can be challenging. We tailor this course to the staff group concerned – social care/social workers, nurses and associated health professions.

 

Preparing for LPS: How to identify a deprivation of liberty?

This is a single 3 hour session that aims to help staff recognise and identify different restrictions in a care plan (escorted outside, assistive technology, medication etc). Staff are then taught how to assess these restrictions to reach a conclusion of whether they have reached a level that means the person is under ‘continuous supervision and control and not free to leave’. This is the level at which a care plan becomes an (objective) deprivation of liberty and therefore requires an LPS assessment and authorisation. As above, we tailor this course to the staff group concerned.

 

Preparing for LPS for Managers

This is the starting point for training local authorities, NHS Trusts, CCGs and Welsh Health Boards (Responsible Bodies in the Act). A full day course covering all elements of LPS that considers the duties and responsibilities placed on Responsible Bodies. It enables managers to consider the strategic impact of LPS and what the organisation needs to consider in planning for its implementation including a focus on litigation risks. We have four versions of this course tailored to the particular needs of different Responsible Bodies. It is delivered as a full day course or otherwise a half day option with reduced content.

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COMING SOON: Completing LPS assessments for front-line staff

This course follows on from the Preparing for LPS course and will become available once the forms for completing LPS assessments are published (probably late 2021). It will take staff step-by-step through the forms and how to assess and record the multiple statutory criteria for LPS including: restrictions in a care plan, if those restrictions are a deprivation of liberty, if it is necessary and proportionate, if the person is ‘does not wish’ care or placement, identifying Appropriate Persons, consultation duties and if the Mental Health Act should be used instead. Different versions of the course will be available for staff from different Responsible Bodies.

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Specialist LPS courses

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LPS for Best Interests Assessors (BIAs)

This course is designed to inform BIAs of the changes from DoLS to LPS and considers the change in role to AMCP. As BIAs have existing knowledge and practice skills on deprivation of liberty and a procedure for authorising this, the course content reflects this. It is not a conversion course for BIAs to become AMCPs (see below).

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Safeguarding Adults (and Children’s) Board overview of LPS

A two or three hour overview for Safeguarding Boards. Designed to meet the needs of senior managers from a variety of different agencies it provides a focused and strategic overview of LPS.

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Pre-authorisation reviewers

The role of the DoLS signatory is replaced by the pre-authorisation reviewer under LPS. They are very similar and involve scrutinising the assessments on behalf of the Responsible Body to confirm they meet the legal requirements. Edge have delivered a DoLS signatory course for many years to numerous local authority managers and this new course will take over from this. The course will become available once the LPS assessment forms are produced.

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LPS for children’s social services

A full day course designed for children’s services. LPS can be applied from the age of 16 upwards and in any setting, including domestic settings, children’s homes and residential schools. This course and the case studies are all relevant for children’s services to better understand the impact of LPS. With Ofsted due to monitor LPS for 16-17 year olds, children’s social services can expect Ofsted inspectors to examine the use and application of LPS from April 2022. Note: we recommend that children’s services have undertaken our course MCA for children and young people first.

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BIA to Approved Mental Capacity Professionals (AMCP) conversion course

This course will become available once statutory regulations have been released and the Department of Health and Social Care have decided on commissioning arrangements. Currently this is unlikely to be before at least September 2021.

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AMCP qualification course (not available through Edge)

In England it is expected that (like the BIA qualification course) the course will need to be a post graduate level course (registered social worker, nurse, occupational therapist and chartered psychologist). This is likely to be university accredited and over multiple days with an extended assignment. Edge would not deliver this training but may be invited to deliver a guest lecture as part of the university programme. In Wales, the procedure will be different (a separate statutory regulation) so Edge could potentially offer the qualification course to Welsh Responsible Bodies.

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LPS for Approved Mental Health Professionals (AMHPs)

This course is designed to provide AMHPs with an overview and understanding of how LPS may impact upon their role. It will consider the use of the MHA or LPS in mental health hospitals and also its application in the community in relation to Community Treatment Orders, Guardianship and Conditional discharge.

 

LPS Responsible Bodies

 

LPS for Acute Trusts

Designed for NHS staff including doctors, nurses and allied health professionals. It provides essential information about LPS and in its implementation from the viewpoint of an acute hospital with appropriate case studies.

 

LPS for Mental Health Trusts

The interface between LPS and the Mental Health Act will present special challenges for mental health services. This course provides a detailed overview of LPS and considers the relationship between LPS and the Mental Health Act.

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LPS for Clinical Commissioning Groups

Designed for staff working in CCGs this course considers the impact and responsibilities that LPS imposes on CCGs.

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LPS for Welsh Health Boards and Local Authorities

In Wales there are a number of key differences in how LPS will operate (this includes, different inspectorate bodies, responsible bodies, statutory regulations, private hospital rules) and this course provides for this perspective.

 

LPS for Care Providers

 

LPS for palliative care and hospice staff

A specialist course that looks at LPS from the viewpoint of hospice and palliative care services. It focuses on the use of the MCA to deliver care and treatment at the end of life and considers the potential application of LPS in this setting.

 

LPS for care homes

This full day course provides essential information for care homes on the changes from DoLS to LPS.

 

LPS for care providers (not care homes)

This is a half day awareness course for care providers who are not registered care homes. It considers how LPS will affect them and their clients/service users. As LPS will apply to any care setting this course could be provided to a wide variety of staff (supported living, domiciliary care, extra care, residential schools etc) and also families providing care in domestic settings and shared lives carers.