The Government has just (29 March) published its proposed response to the Lords amendments to the LPS.
The Government proposes that the Lords definition of deprivation of liberty is not accepted, but, importantly, does not propose a counter-definition (or to reinstate its original definition), so that the definition would remain (at present) simply referring to Article 5 ECHR. Instead, the Government proposes that guidance about what kinds of arrangements for enabling the care or treatment of a person fall within paragraph 2(1)(b) of Schedule AA1 (i.e. what constitute a deprivation of liberty) must be included in (one of) the code(s) of practice issued under s.42. The code would then have to be reviewed, initially within 3 years, and then every 5 years.
The Government also proposes a compromise in relation to the provision of information, requiring that, if the responsible body has not, within 72 hours of arrangements being authorised, arranged for a copy of the authorisation record to be given or sent to each of the [relevant people], the responsible body must review and record why not.
We will see how the Commons reacts on 2 April.