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LPS Update - Draft Code of Practice and Regulations

Details

A big step towards the Liberty Protection Safeguards.

The draft Code of Practice and draft regulations that support the Liberty Protection Safeguards have now been published. 

Changes to the MCA Code of Practice and implementation of the LPS can be found here. 
 
The draft Code of Practice includes both an update to the original Mental Capacity Act code and all the detail of the new LPS, all rolled into one, bite sized (518 page) document. It is just as well that the usual 12-week consultation period has been extended to 16 weeks, so we have until 7 July 2022, as there will be a lot to chew over. 
 
The Code will be especially interesting for the examples it gives to flesh out the definition of deprivation of liberty, to trigger the safeguards.  
 
There are also six sets of regulations, including important details on the assessments and authorisations, monitoring and reporting, the training and approval of the new AMCP role, and IMCAs, as well as details of a draft workforce and training strategy, and an updated impact assessment.
 
This is the chance we have to influence this policy before it is finalised and implemented; it is vital that we all get involved over the next few weeks, and we will be pleased to discuss the implications with you. Please contact us at lps@hilldickinson.com.

Additionally, we looked at the updated Code and Regulations at our free Liberty Protection Safeguards webinar earlier in April

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You can also access our webinar resources that are designed specifically for our health clients - covering topics that may affect you.