Liberty Protection Safeguards Procedure
On the 16th May 2019, the Mental Capacity (Amendment) Act 2019 became an Act of Parliament (law).
The Act replaces the current Deprivation of Liberty Safeguards with a whole new authorisation framework, namely the Liberty Protection Safeguards.
The implementation date for the Liberty Protection Safeguards Framework is expected to be in 2020, with a 12 month transition period whereby the two frameworks will run side by side.
The Act will be accompanied by a single new Code of Practice which will replace both the current Code of Practice for the Mental Capacity Act 2005 and the Deprivation of Liberty Safeguards Supplementary Code of Practice. Work on this is currently underway.
This procedure will be developed when the Code of Practice has been finalised and the processes necessary to implement the framework are clarified. In the interim period you should refer to any guidance developed locally to ensure that your practice in the area of deprivation of liberty continues to meet local requirements.
Click here to read a tri.x briefing paper that highlights some of the key differences between the two frameworks.
Anyone with responsibility for wider implementation of the new Act can read the Mental Capacity (Amendment) Act 2019 in full here.