The Health and Care Bill published today, 6 July 2021, makes clear that, even before coming into force, the Government anticipates that the LPS will have to be amended to reflect the proposed abolition of CCGs in England and their replacement with Integrated Care Boards. Paragraph 82 of Schedule 4 to the Health and Care Bill provides that:
(1) Schedule AA1 to the Mental Capacity Act 2005 (deprivation of liberty: authorisation of arrangements enabling care and treatment) is amended as follows.
(2) In paragraph 3— (a) omit the definition of “clinical commissioning group”; (b) at the appropriate place insert— ““integrated care board” means a body established under section 14Z25 of the National Health Service Act 2006;”.
(3) In paragraph 6(1)(d)— (a) in sub-paragraph (i), for “a clinical commissioning group” substitute “an integrated care board”; (b) in the words after sub-paragraph (ii), for “clinical commissioning group” substitute “integrated care board”.
(4) In paragraph 11, for sub-paragraph (b) substitute— “(b) an integrated care board;”.
(5) In paragraph 14(1), for paragraph (b) substitute— “(b) each integrated care board;”.
The proposed amendment makes clear that the concept of NHS continuing healthcare will remain a reality. Responsibility will therefore continue to lie with the NHS (through Integrated Care Boards rather than CCGs) for arrangements giving rise to a deprivation of liberty which are carried out mainly through the provision of NHS continuing healthcare in England.
For more on the passage of the Bill, see this page on the Parliament website.