LPS 23 & 24 March 2023

PART ONE:  23  March 2023  10:00-13:00

PART TWO: 24 March 2023 10:00-13:00

The Liberty Protection Safeguards became law on 16th May 2019 when the Mental Capacity (Amendment) Act 2019 received Royal Assent. They are due to replace DoLS and will probably come into force mid to late 2023. The government estimate is that there will be 257,000 LPS applications every year. It creates new statutory duties and responsibilities for local authorities, NHS Trusts, ICBs and Welsh health boards as well as care providers. Key points include:

• LPS will apply to any care setting (not just hospitals & care homes)

• NHS Trusts and ICBs 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 course aims to provide a detailed analysis of the Liberty Protection Safeguards. It 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 predicated LPS figures

• Liberty Protection Safeguards – overview and current implementation timetable

• Legal hierarchy – legislation, regulations, Code of Practice, guidance

• DoLS > LPS – what changes

• DoLS > LPS – what stays the same(ish)

• Responsible Bodies – identification and duties

• 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

-Does not wish to reside or receive care or treatment

• Practice points – assistive technology, medication, unescorted leave, community cases

• The LPS assessors

• Pre-authorisation review – role and responsibilities

• Approved Mental Capacity Professional (AMCP) – replacing the role of the BIA

• Duration of LPS and renewal procedure

• Time periods and forms

• Limitations and disagreements

• Section 4B - Life sustaining treatment or vital act clause

• 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

• Preparing for LPS – guidance

The course will be delivered by Aasya Mughal

Aasya is a director of Edge Training & Consultancy Ltd. She previously provided legal representation for individuals and businesses in civil litigation proceedings and also for patients in appeals against their detention under the Mental Health Act. Prior to this, she gained considerable experience as an in-patient advocate working with detained patients on a number of mental health wards and also appeared before the Court of Protection in this role. She is co-author of a smartphone App, three books and four wall charts on the Mental Health Act, Mental Capacity Act and Deprivation of Liberty Safeguards used by local authorities, hospitals, advocacy groups, universities and lawyers. These books are highly reviewed on Amazon.

Aasya has volunteered for the human rights organisation Liberty providing legal information and advice to the public on human rights law and also volunteers her time to deliver training to families on the Mental Capacity Act through Edge.  Most recently, she has been proving guidance to charities and members of the House of Lords on the Liberty Protection Safeguards including the drafting of amendments to the Mental Capacity (Amendment) Bill.

Includes all course materials and a certificate. Webinar access details will be emailed direct to delegate upon completion of your booking.  If you have any queries, please do not hesitate to email assistant@edgetraining.org.uk  or call 07341 277487.