Liberty Protection Safeguards (LPS), due to replace the current Deprivation of Liberty Safeguards (DoLS) scheme, were due to be implemented in October 2020. Many people expressed concern that this date was unachievable, even before Covid-19 changed the landscape.
The Government remain optimistic that some provisions of the Mental Capacity (Amendment) Act 2019 will come into force before April 2022 but have not yet set out exactly which provisions these will be.
The Government plan to undertake a 12-week public consultation on the draft regulations and Code of Practice for LPS. There will then be a period of 6 months to prepare for the implementation.
I am sure this delay was expected by many, if not everyone, working in this area due to the pressures of Covid-19. These pressures are not only faced by the Government, but by those on the front line of health and social care, who are unlikely to have had the time to undergo training and make changes to their practices ready for LPS to be implemented.
It has already been 6 years since the House of Lords Select Committee published their scathing report and recommended that DoLS be replaced. It is therefore disappointing that the “not fit for purpose” DoLS system will remain in place for at least another 17 months. It is, however, welcome news that the LPS regulations and Code of Practice will be properly scrutinised over time, ensuring that people’s rights to liberty are properly protected.
If you would like to know more about DoLS or LPS, or if you have a relative who is subject to a DoLS and would like advice, please contact Rebekah Sambrooks or Kirsty MacMillan.
We have been working with care homes to update their contracts and advise on the risks of charging the resident a regular “top-up” or additional fee where a resident is funded through NHS CHC
The parliamentary processes are complete and the Restriction of Public Exit Payments Regulations 2020 (“the Regulations”) which cap exit payments in the public sector at £95,000 will be in force from 4 November.
As the UK’s social housing sector recovers from the initial Covid-19 outbreak and lockdown, now is the time to focus on the challenges that may emerge next.
There is no universal approach to regenerating town centres. However, housing must be considered a key part of any regeneration project – providing well-needed new homes and economic growth.
Friday 16 October marks the 6th annual Wear Red Day in England, Wales and Scotland. Wear Red Day is the brainchild of the charity; Show Racism the Red Card (SRTRC). SRTRC aims to educate young people so they are equipped to recognise and challenge stereotypes, misconceptions and negative attitudes towards race.
Alongside the Building Safety Bill published in July 2020, the Fire Safety Bill is a key step in the Government’s strategy to improve building and fire safety in the wake of the Grenfell Tower tragedy
Government regulations came into force on 23 September 2020 providing LGPS (local government pension scheme) employers with flexibility on meeting exit payments and LGPS funds with flexibility too
Charity Financials, the financial information program from Wilmington Charities, has published its latest Income Monitor report.
As employers face the end of the Coronavirus Job Retention Scheme on 31 October 2020, Katherine Sinclair and Libby Hubbard discuss the intricacies of the redundancy process for furloughed employees.
We have learned many things over the last six months; the latest lesson is that there is no new normal. The Government initiatives and guidance may have slowed down a pace, but the challenges for employers and their employees remain.
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