Skip page header and navigation

LPS/DOLS video resources

MCA/DOLS video resources

Introduction to MCA/DOLS

Playing this video will set non-tracking cookies from YouTube/Google

At the beginning of April 2023, the Department of Health and Social Care announced that the Liberty Protection Safeguards (also known as LPS) will now not be introduced this side of a general election, which is anticipated to be in Autumn 2024.

In this session legal director Joanna Crichton considers the most important questions surrounding the current Deprivation of Liberty Safeguards scheme, the main issues the LPS was designed to resolve and the implications for care providers on the LPS not going ahead.

What is a deprivation of liberty?

Playing this video will set non-tracking cookies from YouTube/Google

In this short video Joanna Crichton defines what a deprivation of Liberty is, pushing the issue of consent and the limitations of freedom.  

How is a deprivation of liberty authorised under DOLS?

Playing this video will set non-tracking cookies from YouTube/Google

This session explains the Deprivation of Liberty Safeguards scheme. Detailing the procedures, supervisory bodies and standard authorisations put in place when assessing for a deprivation of liberty.

What are the implications of LPS not going ahead?

Playing this video will set non-tracking cookies from YouTube/Google

In this session Joanna Crichton offers us the impact of LPS not going ahead, and the subsequent continuation of the current legal framework surrounding the authorisation of a deprivation of liberty, which has long been unfit for purpose.

What should health and social care organisations prioritise now?

Playing this video will set non-tracking cookies from YouTube/Google

Regardless of any reforms made to the current legal framework, this video stresses the fundamentals of the Mental Capacity Act as being at the forefront of deprivation of liberty cases. As well as how organisations should focus on revising their existing policies relating to the MCA to maximise compliance.

What is happening about deprivation of liberty in the community?

Playing this video will set non-tracking cookies from YouTube/Google

In light of the Liberty Protection Safeguards not going ahead, Joanna Crichton explains how the Court of Protection will continue to deal with authorisations of deprivation of liberty in domestic settings at scale. Whilst also offering recommendations to commissioners of care in the community.

How will any changes impact 16 and 17 year olds?

Playing this video will set non-tracking cookies from YouTube/Google

This video details the current Supreme Court judgement whereby parents cannot consent to a deprivation of liberty for a child once they have reached the age of 16, and how now that the LPS is on hold, court approval will remain required to authorise DOLS involving 16 and 17 year olds.

What is the impact of of LPS not going ahead for the independent health sector?

Playing this video will set non-tracking cookies from YouTube/Google

In this session Joanna Crichton discusses how independent hospitals, domiciliary care providers and those who are involved with the care of children and young people, will be affected without the changes proposed by LPS.

Key contacts

Our 250-strong, experienced healthcare team works with providers from across the independent healthcare sector. As a full-service firm providing advice to national and international private hospitals, clinics, independent GPs and other providers, we are well-versed in the issues that health and care sector organisations face and can offer support on any issues arising. Our wider team’s work with the NHS provides unique insight into the opportunities and challenges faced by providers in working with the NHS.

From operational challenges such as MCADOLs, commercial contracting and working time regulations, to strategic advice in areas including integration with the NHS and funding approaches for acquisitive activity, our team and our wider connections with intermediaries in the sector ensures that we are best-placed to support you in helping to deliver outstanding patient care and outcomes.