6 key headline points about Liberty Protection Safeguards.

Just as you were getting used to the Deprivation of Liberty Safeguards, commonly known as DOLS, the system is changing to the Liberty Protection Safeguards.
Following a consultation by the Law Commission, a draft bill was prepared to change the law regarding how people without capacity are deprived of their liberty.
That draft bill is now going through Parliament to decide exactly what the new piece of legislation should say.
So right now, we don’t know what the final version of the LPS will entail, but these are my 6 key headline points:
1. There can be an interim/emergency deprivation of liberty
Whilst an application is made to the Court of Protection;
Whilst an authorization under the LPS is obtained; or
in an emergency
2. The scheme will apply in relation to all those aged 16 and above, whereas DOLS only applies to those aged 18 and older
3. A responsible body, e.g. a local authority, will be able to authorise a deprivation of liberty in any setting or in more than one setting.
4. Before a responsible body can authorise the arrangements, it must be satisfied that three authorisation conditions are met:
a) That the person who is the subject of the arrangements lacks the capacity to consent to the arrangements;
b) That the person has a mental disorder; and
c) That the arrangements are necessary and proportionate, having regard to the risk of harm and the likelihood and seriousness of that harm
5. Information should be provided after the responsible body has authorised the arrangements, there should be regular reviews of the authorisation by the responsible body or care home, and there is a right to challenge the authorisation in the Court of Protection for which there is likely to be non-means tested legal aid
6. The person has a right to be supported either by an “appropriate person” e.g. a family member, or an IMCA.
I hope that by now you have a better understanding of the LPS, but watch this space, because there could be further changes.