PART ONE: 22 May 2023 10:00-13:00

PART TWO: 23 May 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 and 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 Steven Richards

Steven Richards is a Director of Edge training and consultancy and has worked in the mental health field for over 20 years. He was a Mental Health Act administrator for many years at the Maudsley Hospital advising clinical staff on their use of the legislation in practice. During this time, he was involved in the publication of the hospital’s guide to the Act, called the Maze. Following this, Steven was an in-patient advocate for Mind working across adult acute and dementia assessment wards. As an advocate he successfully challenged the assessment of mental capacity of a client directly before the Court of Protection.

Steven was a Mental Health Act Reviewer with the Care Quality Commission for over 10 years visiting and reviewing the care and treatment of patients detained under the Act. He also worked with the CQC as a specialist advisor on the Mental Capacity Act and DoLS.

Steven delivers training on both the Mental Capacity Act and Mental Health Act across England and Wales to health and social care professionals. He has experience of training a wide variety of services including local authorities, CCGs, NHS Trusts, Welsh Health Boards, the police, hospices and prison health services. Steven delivers professional legal update courses for DoLS BIAs and Mental Health Assessors and AMHPs under the Mental Health Act. He has spoken at a series of Health Education England conferences on the use of the MCA at the end of life care. Steven was invited by members of the House of Lords to deliver training on the draft Liberty Protection Safeguards bill prior to detailed debate and amendments in the house. Steven is co-author of 3 books:

Working with the Mental Capacity Act 2005 (3rd edition) ISBN: 978-0-9552349-5-8

Working with the Mental Health Act (4th edition) ISBN: 978-0-9931324-1-4

Deprivation of Liberty Safeguards (DoLS) Handbook - 2nd edition (ISBN: 978-0-9931324-2-1)

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.

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