In this edition, we cover recent Supreme Court judgment in Maughan, a number of recent pieces of guidance from the Chief Coroner, and some practical articles based on recent inquests. The judgement warns professionals to be looking out for those people who are admitted to residential care ostensibly... 3. The Mental Capacity (Amendment) Act 2019 (the Act) became law on 16 May 2019. An amendment to the Mental Capacity Act 2005 will introduce liberty protection safeguards (LPS) to replace the current deprivation of liberty safeguards (DoLS) in England and Wales. The form below replicates that used by Social Work England on your online account, so that when you have to renew your registration you can include this as evidence of your continuing professional development. Guidance: Deprivation of Liberty - in community settings This guidance has been produced in consultation with Suffolk Legal to support social work practitioners with making applications to the Court of Protection; where customers without the capacity to consent to the arrangements, living in the community are deprived of their liberty. The government has said that these individuals will be defined in statutory guidance. When implemented it will insert a new Schedule AA1 to the Mental Capacity Act 2005 (MCA 2005) and provide for the ‘Liberty Protection Safeguards’ (LPS) - a new system to replace the current Deprivation of Liberty Safeguards (DOLS). In most cases it should be possible for a Care Home or Hospital to apply for a standard authorisation ahead of the... 2. Deprivation of Liberty Safeguards – guidance for doctors 1 Deprivation of Liberty Safeguards – guidance for doctors Liberty protection safeguards – an update In July 2018, the Government introduced, via the Mental Capacity (Amendment) Bill, a new proposed statutory regime for authorising the deprivation of liberty of incapacitated adults. It will be accompanied by a code of practice. They are called the. best interests. The new rules have been put into the. However, the Deprivation of Liberty Safeguards only apply to people who are 18 and over. A new scheme, the liberty protection safeguards, will replace the deprivation of liberty safeguards. Update on Liberty Protection Safeguards. Home Office Circular 001/2017: Section 178 of the Police and Crime Act Policing and Crime Act. Liberty Protection Safeguards Guidance Author: Lyn Hall, Team Leader, Mental Health, MCA, DoLS and AMHP Date June 2019 Version v1 . DoLS LPS Commentary Deprivation of liberty Not defined Same as DoLS No change. This guide will support organisations prepare for the changes. The Liberty Protection Safeguards were introduced in the Mental Capacity (Amendment) Act 2019 and will replace the Deprivation of Liberty Safeguards system. Deprivation of Liberty Safeguards (DoLs) are an amendment to the MCA and are the safeguards which protect a person who lacks capacity to consent to their care and treatment in order to keep them safe from harm. The Supreme Court ruling (Cheshire West) of ‘continuous supervision and control and not free to leave’ will remain the benchmark for what restrictions constitute a deprivation of liberty. About Liberty Protection Safeguards Where care or treatment arrangements in a care home or hospital deprives a person of their liberty, and they lack the capacity to consent to those arrangements, a formal process is needed to ensure that their human right to liberty and security is protected. The objective of the Bill is to replace the current Deprivation of Liberty Safeguards (DoLS), with a new system – the Liberty Protection Safeguards. Deprivation of Liberty Safeguards Guidance 1. Legislation and guidance on the Liberty Protection Safeguards (LPS) and the latest information on progress towards their implementation.Published 10 November 2020 Last updated 29 January 2021 — see all updatesFrom:Department of Health and Social Care The Liberty Protection Safeguards (LPS) were introduced in the Mental Capacity (Amendment) Act 2019.