DHSC LPS implementation 4th Newsletter

[The 4th LPS implementation newsletter was published on 29 June 2021.  I reproduce the material parts of the text below; to subscribe, please email lps.cop@dhsc.gov.uk].

Dear LPS Stakeholders

This is the latest edition of the LPS newsletter, which contains key updates on our progress to implement LPS.


All significant announcements and publications about the implementation of LPS can be found on our ‘LPS documents collection page’, which we keep updated.

The National Steering Group for the LPS met on the 18th May to discuss the draft Code of Practice. The Code will provide statutory guidance on implementing the LPS system in England and in Wales. At the meeting, Steering Group members offered feedback on the draft Code. A summary of that discussion is online, here.

The UK and Welsh Governments are working towards a detailed public consultation on the draft Code and regulations which will underpin LPS. We will update you when that consultation begins.

We have also published six more LPS Factsheets, taking the total to nine. Ahead of the public consultation, these provide high level information about how the LPS will work, based on the Mental Capacity (Amendment) Act 2019. As part of our work to explain the LPS to different groups of people, we may decide to update these Factsheets in the future, once the Government has taken final decisions about the mechanics of LPS, after the public consultation. If you would like to offer any feedback on the existing drafts, please get in touch via lps.cop@dhsc.gov.uk. The six new Factsheets are:

Liberty Protection Safeguards: criteria for authorisation

Liberty Protection Safeguards: the appropriate person and Independent Mental Capacity Advocates

Liberty Protection Safeguards: the Approved Mental Capacity Professional Role

Liberty Protection Safeguards: Deprivation of liberty and authorisation of steps necessary for life-sustaining treatment or vital acts (Section 4b)

Liberty Protection Safeguards: authorisations, renewals and reviews

Liberty Protection Safeguards: the right to challenge an authorisation in court

Government confirms two LPS implementation support programmes

We have set up two ‘LPS implementation support programmes’ in England.

The first, to support local government implementation, will be led by the Local Government Association and the Association of Directors of Adult Social Services, in partnership with the DHSC and with support from the Department for Education.

A second programme to support implementation in the social care sector will be led by the Social Care Institute for Excellence (SCIE) and Skills for Care, in partnership with the DHSC.

We are continuing to work with NHS England on plans for an implementation support programme from the health sector.  Further information about these programmes is available, here. More information about implementation planning, workforce training and readiness will also be included in the forthcoming consultation.

The Welsh Government is working with a range of partners, including Social Care Wales, local health boards and local authorities to manage the implementation of LPS in Wales. This includes developing a programme to support local implementation and the preparation of a workforce and training plan to facilitate the development of a training programme and resources for LPS. Further information on implementation in Wales will be provided during the consultation period and will be made available to stakeholders in Wales.

LPS team updates

Since our last message to you in March, the DHSC LPS Policy team has gained two new members. We are pleased to announce the recent appointments of Ruth O’Connell Brown and Emilia McCarthy. Ruth will be working on the public consultation and plans for LPS implementation. Emilia will lead our work, with the Ministry of Justice, with the National Mental Capacity Forum, chaired by Baroness Finlay of Llandaff. Ruth and Emilia join Alex, Jevante, Laura K, Laura M, Peter, Seb and Sophie, working on DHSC’s LPS implementation programme.

As always, we welcome your feedback on the content of our regular newsletters and encourage you get in touch with us at lps.cop@dhsc.gov.uk with any queries or comments.

If this newsletter has been forwarded to you, and you’d like to be included on our LPS and DoLS mailing list, please contact the email address above – we will add you to it.

Best wishes,

LPS policy team at DHSC

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