Draft LPS forms published by DHSC (for England)

The DHSC has published today (8 July 2022) a set of template forms are designed to be used at key points in the LPS process when information needs to be transferred from one party to another. The template forms will also enable the recording of the LPS assessment information which will be required for authorisation.

As the DHSC emphasises, it is important to distinguish these template forms from the data that Responsible Bodies will be required to report at a national level. The national reporting requirements are set out in the national minimum data set which is available in draft here alongside the consultation documents. Some items in the national minimum data set will not be covered in these templates and will be collected separately.

It also should be noted that these template forms will not be mandatory but may be useful to ensure that there is consistency in the information collected by Responsible Bodies.  I would also add that it is very useful to have sight of these forms to help ‘concretise’ the expectations around LPS.

The draft template forms DHSC has developed are for operational use in England. Welsh Government have developed their own draft template forms (working with a Task and Finish Group) which they will share with stakeholders shortly.

There are nine draft template forms to record relevant information at the following key points of the LPS process:

Template 8 – referral for final authorisation nb: this is actually misnamed.  What it really is is a third party referral form to identify that an LPS authorisation may be required.

Template 1 – referral for an IMCA  

Template 2 – mental capacity assessment 

Template 3 – medical assessment  

Template 4 – necessary and proportionate assessment  

Template 5 – submission for pre-authorisation review 

Template 6 – referral for an unscheduled review 

Template 7 – submission for renewal 

Template 9 – authorisation record 

Please note that the template forms are currently in draft form, and DHSC may make changes to the forms before the LPS come into effect.  Once the template forms have been finalised, the final versions will be made available online ahead of implementation of the LPS.

The draft template forms should not be used to transfer information under the current DoLS system. Once the LPS are implemented, those using the template forms must ensure that they are collecting, storing and sharing information in line with data protection requirements and relevant law.

DHSC also notes that:

We are sharing the draft template forms predominantly for information purposes. However, if you would like to share any feedback on the draft template forms, please email lps.cop@dhsc.gov.uk using the subject line ‘feedback on draft LPS template forms’.

You can also use the same email address to sign up to the DHSC’s LPS newsletter.

And remember, you have until 14 July to respond to the consultation on the draft Code, the draft regulations and the Impact Assessment.

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