Publish date: 20 December 2021

The government has recently confirmed that the Liberty Protection Safeguards (LPS) scheme will not be implemented in April 2022 as originally planned. This scheme, which introduces new statutory responsibilities for NHS Trusts, aims to safeguard individuals who lack capacity to consent to their care arrangements if these amount to a deprivation of liberty. The draft Code of Practice for the Mental Capacity Act (MCA) and LPS is now expected in early 2022 and it will be followed by a 12-week period of consultation. The Trust will co-ordinate a response to the draft Code of Practice by launching a consultation exercise involving staff, service users and carers. We will keep you informed of any LPS developments as part of our regular MCA updates in the upcoming months. If you need any guidance regarding the current MCA processes, you can contact the Trust’s Mental Capacity Act Lead, Nicola Peet.