19 January 2022

While the government has announced a delay in the implementation date for the Liberty Protection Safeguards (LPS) scheme, work has already started across the organisation to prepare for this new important legislation.

The LPS will introduce new statutory responsibilities for NHS Trusts, who will be required to oversee and authorise deprivations of liberty for those patients who lack capacity to consent to their care and treatment. While the LPS will replace the Deprivation of Liberty Safeguards (DoLS) system, it is expected that this scheme will affect a larger number of people as it also includes young people aged 16+ and people in their own homes.

Although the Department of Health and Social Care is not likely to announce a new implementation date before spring 2022, a clear message was delivered during the latest National Mental Capacity Forum which took place last week: improving practice around the current Mental Capacity legislation should be a priority in preparation for LPS.

This is in line with the strategic priorities adopted by the Trust: while we are waiting for the publication of the draft Code of Practice, ongoing work is already happening to consolidate colleagues’ understanding of the Mental Capacity Act and its application in practice. Within Mersey Care, a number of Mental Capacity Champions have been already identified, and many will be completing their training as Best Interest Assessors in the upcoming months to increase awareness of this legislation across divisions.

Soon after the publication of the draft Code of Practice for MCA/LPS, the Trust will be coordinating a response to the consultation by inviting colleagues, service users and carers to share their perspectives on the proposed changes. In the meantime, we will share regular updates through Mersey Care’s intranet and communications, so please watch this space. To find out more about LPS planning, or for support with any MCA queries for all colleagues across divisions, please contact Nicola Peet - Mental Capacity Legislation Lead - at Nicola.Peet1@merseycare.nhs.uk.

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