DHSC LPS Implementation 3rd Newsletter

[The 3rd LPS implementation newsletter was published on 30 November.  I reproduce the material parts of the text below; to subscribe, please email. lps.cop@dhsc.gov.uk].

Dear LPS stakeholders,

We are pleased to share with you the third edition of the LPS newsletter, which contains a number of key updates regarding the progress on implementation of LPS.

Firstly, as some of you may already have noted, we have launched an LPS ‘document collection page’ which brings together key documents on LPS, as we work towards implementation. We will keep updating you as we add more information to this page and will continue to share regular updates via these newsletters.


We reconvened our first Steering Group since the pandemic on Tuesday 13th October where we discussed the key policy decisions that have been made on five of the six regulations that government will consult on in Spring 2021. We also took the opportunity to ensure membership of the group was up-to-date and that all parts of the health, social care and education sector that LPS will impact were represented.

For further details on the discussion we had, including plans for the draft regulations for public consultation, you can view the published readout on our LPS page. Please do share this update with your networks as needed. The next Steering Group will be held on the 16th December.


We’ve also been busy across all of our multi-disciplinary implementation working groups. The Monitoring and Reporting group restarted this month to discuss the sixth set of regulations that will underpin LPS (the monitoring and reporting regulations) and to discuss our approach to implementation, with colleagues from the Department for Education, the Care Quality Commission (CQC) and the Office for Standards in Education, Children’s Services and Skills (Ofsted). CQC and Ofsted are the regulators of LPS in England only. Work continues across the monthly Workforce and Data groups to support the development of a draft workforce strategy and a National Minimum Dataset for national reporting on LPS.

Impact Assessment

We’ve been working with key LPS delivery partners across the sector to publish a revised Impact Assessment (IA), which is due to be published soon. The IA explains why the Mental Capacity (Amendment) Act 2019 and the LPS scheme it introduced was needed and the impact of this legislation on the whole system. Notably, the IA assesses the impact of the primary legislation only and does not take into account the impact of the secondary legislation that will be consulted on next year and set out in further detail the design of the LPS. The Department will conduct separate IAs for the secondary legislation, as appropriate, ahead of implementation. The Welsh Government will be conducting a separate IA.

Factsheet Two

In our second edition of the LPS newsletter we announced that we would be sharing ‘LPS Factsheets’ developed with stakeholders prior to the pandemic, alongside the newsletters. For this edition, we have published Factsheet Two – Walkthrough of the Liberty Protection Safeguards process. This factsheet provides an overview of the LPS process. You will be able to access the document here.


LPS policy team at DHSC

Print Friendly, PDF & Email

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.